BAHADUR SINGH Vs. MUNI SUBRAT DASS

JUDGEMENT

(1.) ONE Mehtab Singh, the landlord, is the owner of the premises No. 279, situate in Dariba Kalan, Delhi. His son Muni Subrat Dass resides on the first floor while the ground F floor is in the occupation of the tenants, Bahadur Singh and Daryao Singh where they set up a workshop and installed machinery for manufacturing purposes. According to Muni Subrat the workshop was a nuisance and caused him great annoyance. He made a number of complaints to the Municipal Committee for stoppage of the nuisance. On June 10, 1954, Muni Subrat G and the tenants agreed in writing to refer the disputes between them to the arbitration of two named arbitrators.

(2.) THE landlord was not a party to the agreement. The arbitrators made their award on July 14, 1954. The award directed that (i) Muni Subrat would withdraw the applications pending before. The Municipal Committee; (ii) the tenants would be at liberty to run the workshop during the day time upto December 31, 1957; (iii) on January 1, 1958, the tenants would remove the machinery; (iv) on the same date they would give vacant possession of the ground floor to the landlord and (v) the tenants would pay rent to landlord for the period of their occupation. The award was signed by the arbitrators and the parties to the reference and was attested by the landlord. It was filed in Court under s. 14 of the Arbitration Act, 1940. On August 26, 1954, the tenants and Muni Subrat stated in Court that they had no objections against the award. On the same date the Court pronounced judgment according to the award and a decree followed accordingly. On August 23, 1958 Muni Subrat and the landlord jointly applied for execution of the decree for delivery of possession of the premises. In anticipation of the application for execution of the decree, on January 9, 1958 the tenants filed an application under sec. 47 of the Code of Civil Procedure raising the following objections to the execution of the decree as to the delivery of possession of the premises to the landlord : (i) the award was beyond the scope of the reference and was invalid and the decree based on the invalid award was void; (ii) the decree was passed in contravention of the Delhi and Ajmer Rent Control Act, 1952 (Act No. 38 of 1952) and was void; and (iii) the landlord could not execute the decree.The Subordinate Judge, First Class, Delhi, dismissed the objection. He held that (i) that the objection that the award was without jurisdiction could not be raised under sec. 47; (ii) the decree was not in contravention of the Rent Act; and (iii) the landlord was entitled to execute the decree. On appeal, the Additional Senior Sub-Judge, Delhi, held that (i) the question as to the validity of the award could not be agitated in the execution proceedings; (ii) the decree for eviction was passed in contravention of the Rent Act and was void; (iii) the appeal against the order allowing the landlord to execute the decree was incompetent and (iv) Muni Subrat was entitled to execute the decree for removal of the machinery but he could not execute the decree for eviction. In the result, he dismissed the appeal in part so far as it was directed against the landlord, allowed the appeal in part against Muni Subrat and declared that he could get the machinery removed but he could not claim eviction. The tenants and the decree-holders filed two separate appeals in the Punjab High Court at Delhi. Gurdev Singh J. held that (i) the first appeal filed against the order in favour of the landlord was competent; (ii) the decree for eviction did not contravene the provisions of the Rent Act and (iii) the landlord was entitled to execute the decree for eviction. In the result, he accepted the decree-holder's appeal and dismissed the tenant's appeal.

(3.) THE award was filed in Court under s. 14 of the Arbitration Act and on notice to the tenants and in their presence a decree, was passed according to the award under s. 17. It is not Open to the tenants now to take the objection that the award was in excess of the authority of the arbitrators or was otherwise invalid. Having regard to the scheme of ss. 14 to 17 and 31 to 33 all questions regarding the validity of the award had to be determined by the Court in which the award was filed and by no other Court. An award which is invalid on any ground can be set aside under s. 30. After a decree is passed on the award it is not open to the parties to the reference to raise any objection as to the validity of the award. As between them the decree conclusively determines that the award is valid. Nor can the decree be pronounced to be a nullity on the ground that the award was invalid. A decree passed on an invalid award in arbitrations in suits under the second schedule to the Code of Civil Procedure, 1908, stood on the same footing, see Rabindra Deb Manna v. Jogendra Deb Manna (A.I.R. 1923 Cal. 410, 413) where Rankin, J. observed :