The twin objects of the Act as spelt out in its long title is “the improvement and clearance of slum areas, and the protection of tenants in such areas from eviction.” While the rest of the Act is concerned with the improvement and clearance of the slum areas, Chapter VI thereof is concerned with the protection of tenants in slum areas from eviction.
The protection given by Section 19 is available only to tenants. The Act does not define either “landlord” or “tenant”. It is clear, therefore, that the relationship of landlord and tenant has to be determined according to the general law.
In our view, therefore, Section 19 applies only to proceedings between the landlord and tenant.
Section 19 has given jurisdiction to the Competent Authority to decide a certain question. Jurisdiction would be made largely infructuous if a mere denial of the relationship by the alleged tenants could put the Competent Authority out of action and unable to proceed further. Therefore the second course which is the only possible one in the circumstances, and which must be adopted by the Competent Authority, is to determine whether the relationship of landlord and tenant exists between the parties.
It's too much short... But it's really nice.
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