Category: Subsidiary Rules

ISSUE:

Whether the right to manage a religious denomination's affairs under Article 26(b) could be overridden by a law like the Temple Entry Act that aimed to open temples to all Hindus?

Whether the Sri Venkataramana Temple at Moolky qualifies as a "temple" under Section 2(2) of the Madras Act 5 of 1947 and, if so, whether it constitutes a "denominational temple?”

RULE:

The right to enter a temple for worship under Article 25(2)(b) is not absolute and unlimited, and can be subject to reasonable regulations and limitations to harmonize it with the rights of the denomination under Article 26(b).

ISSUE:

Whether a statutory tenant, who remains in possession of the premises after the expiration of a lease, has the legal authority to sub-let a portion of that premise?

RULE:

A statutory tenant has no interest in the premises occupied by him and has no estate to assign or transfer.

Bombay Rents and Lodging House Rates (Control) Act, 1947, defines "tenant" to include statutory tenants, who remain in possession after the lease expiration.

Protection is given to tenants from eviction as long as they pay rent and comply with tenancy conditions, even after the lease has ended.