BASAVANNEPPA SANGAPPA Vs. RAJASAHEB MAHAMMADAHNIF SAHEB AND

JUDGEMENT

(1.) A landlord who applied for an order for possession, under Section 29 of the Bombay Tenancy and Agricultural Lands Act on the ground that his tenant had sublet the land leased to him and had committed default in the payment of rent and had therefore incurred liability to be evicted is the petitioner before us. On July 22, 1957 respondent 1 who was the tenant and respondent 2 who was the sub-tenant were issued notices under Section 14 of that Act terminating the tenancy. On November 29, 1959, the Tashildar, having reached the conclusion that the subletting had been proved, and having repelled the contention of the respondents that there was a waiver on the part of the landlord of his right to evict his tenants, gave the landlord the order which he wanted, and that order was confirmed by the Assistant Commissioner in the appeal preferred by the 1st Respondent. But in the revision petition presented by the 1st respondent to the Tribunal, he was able to get the order made in favour of the landlord displaced. The Tribunal came to the conclusion that the termination of the tenancy had been waived by the landlord and that he was not therefore entitled to ask for an order for possession. On the other questions such as whether there was a sub-letting, the findings of the Tribunal were in favour of the landlord. It is this order made by the Tribunal which is challenged in this civil petition presented under Article 227 of the Constitution.

(2.) On behalf of the respondents, it is urged that the landlord can no longer prosecute this civil petition before this Court since, according to them, the proceedings in this civil petition stand stayed under Section 4 of a temporary legislation called the Mysore Tenants (Temporary Protection from Eviction) Act 1961 which came into force on December 30, 1961. Section 3 of that Act prohibits the eviction of a tenant notwithstanding anything contained in any law, decree or order of a civil or revenue Court or of a Tribunal during the period that temporary Act remains in force. Section 4 statutorily stays all suits and proceedings for the eviction of tenants from lands held by them as tenants. Those two sections read:

(3.) It seems to me that the submission made on behalf of the respondents that proceedings in this civil petition stand statutority stayed under Section 4 of the Mysore Tenants (Temporary Protection From Eviction) Act, 1961 which will be referred to as the temporary legislation cannot be accepted, since in this civil petition the landlord invokes our jurisdiction under Article 227 of the Constitution and it is clear that a proceeding pending before this Court in which that constitutional jurisdiction is invoked is one which cannot be stayed by a law made by the State Legislature." If the Constitution confers jurisdiction on this Court such as what is conferred by Article 226 or 227 of the Constitution, that jurisdiction which transcends the power o the State Legislature, does not yield to a State law regulating its exercise. That being so, it is impossible to accept the contention urged on behalf of the respondents that the proceedings in this civil petition stand statutorily stayed under Section 4 of the temporary legislation.