Alhambra Hotels Ltd. v. O.L.M. Macan Markar Ltd. – CA L.A.NO.148/2006-2015

In the case between O.L.M.Macan Markar Ltd. (Plaintiff-Respondent) and Alhambra Hotels Ltd. (Defendant-Petitioner), the court addressed whether the premises in dispute constituted “excepted premises” under the Rent Act No. 7 of 1972 (as amended) due to Gazette Extraordinary No. 1305/17 of 09.09.2003, and if the regulation applied retrospectively to affect existing tenancies. It was held that the Gazette regulation is only operative from its publication date and does not apply retrospectively. Consequently, the provisions of the Rent Act ceased to apply to the premises from that date forward, enabling the plaintiff to maintain the action for eviction and damages. The principle reaffirmed is that statutory regulations affecting substantive rights are presumed to be prospective unless explici