Shahul Hameed v. Abdul Cader – sllr 1999 volume 3 page 340

In SHAHUL HAMEED v. ABDUL CADER, the Court addressed whether the requirements under Section 22(1A) of the Rent Act (as read with Section 22(1)(bb)), specifically the necessity of serving notice to the Commissioner of National Housing prior to instituting an action for ejectment, had been complied with. The Court held that the operative effect of Section 22(1A) arises only after judgment is entered, and that the service of notice to the Commissioner on the same day as institution of action does not prejudice the tenant. It was reaffirmed that the statutory intention was not to create an anomalous requirement of pre-action notice. The decision relied on a comparison with section 461 of the Civil Procedure Code, emphasizing that the important procedural safeguard is maintained as long as the