How to use SC Guidelines over Regional Act ? Can I plead in Plaint?

Querist : Anonymous (Querist) 10 June 2011 This query is : Resolved
I wanted to get enhanced rent from old tenants who are paying meagre amount. since last 30-35 years?

How can use recent judgment/ guidelines dictated by Hon'ble SC for minimising landlord-tenants litigations, since the section for getting enhanced rent in regional act is very confusing and can be easily mis-interpreted...

If I file case under relevant sec of our regional act Can I plead about the above Hon'ble SC guidelines in the plaint?

SC Judgment File attached for reference

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PALNITKAR V.V. (Expert) 10 June 2011
I am of humble opinion that the regional Act would prevail over the SC directives if there is specific provision in the Regional Act.

prabhakar singh (Expert) 10 June 2011
pleading is not barred but only law will apply and not the directives when the two are found in conflict.Directives are like preaching,having no command of sovereign to enforce.A central legislation is in the process of enactment but even that too shall not be of much help unless states adopts them,as legislative domain over topic vests only in states.

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