RAFIQUE BIBI Vs. SAYED WALIUDDIN

JUDGEMENT

(1.) Leave granted.

(2.) The suit property is situated in the city of Ajmer. In the year 1956, a suit was filed by the respondents-landlords alleging the appellants to be their tenants in the suit premises. According to the respondents, the appellants had defaulted in payment of rent for a period running over three years since 29-11-1952. A demand-cum-quit notice was served on the appellants, which having not been complied with rendered the appellants liable to be evicted under clause (a) of sub-section (1) of S. 13 of the Delhi and Ajmer Rent Control Act, 1952. the suit was decreed by the High Court holding the landlord-tenant relationship as proved and the appellants having incurred liability for eviction on the ground of default in payment of rent as alleged by the respondents.

(3.) When the decree was put to execution, the judgment-debtors-appellants raised an objection as to the executability of the decree, submitting that during the pendency of the suit, by the effect of reorganization of States, Ajmer became part of Rajasthan w.e.f. 1st November, 1956 and the suit premises came to be governed by the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. Section 13(1)(a) of the Rajasthan Act provides for the tenant incurring liability for eviction if the tenant has neither paid nor tendered the amount of rent due to the landlord for six months. However, the Rajasthan Act conferred an additional privilege on the tenant by providing that in a suit seeking eviction on the ground of default in payment of rent, the tenant may, during the pendency of the suit, deposit the amount of rent in arrears, with interest and costs, as directed by the Court, and in that event a decree for eviction cannot be passed. It was submitted that due to the failure of the Court in not having afforded the tenant such an opportunity in terms of the privilege conferred by the Rajasthan Act, the decree is rendered without jurisdiction and hence a nullity and is not available for execution. The objection was overruled by the executing Court and such dismissal of the objection to the executability of the decree was also upheld by the High Court. The aggrieved tenants have filed this appeal by special leave.