SHA CHUNNILAL SOHANRAJ Vs. T GURUSHANTAPPA

JUDGEMENT

(1.) This revision petition which arises under S.50 of the Mysore Rent Control Act, 1961. hereinafter called 'the Act' was referred to a Bench of two Judges by Datar J. under the proviso to S.8(2) of the Mysore High Court Act 1961, as it raises the question whether the provisions of S.21(2) as amended by Mysore Act No.34 of 1969 is applicable to the present case. The respondent is the landlord and the petitioner is the tenant of a house bearing Door No.708 in Shikaripur town. The respondent-landlord filed an application under S.21(1) (a) of the Act for eviction of the petitioner-tenant alleging that the tenant was in arrears of rent. By order, dt.4-10-1970 made in HRC. No.2 of 1968, the learned Munsiff at Sagar ordered the eviction of the tenant. While making the said order, the Munsiff proceeded under S.21(2) of the Act as it existed prior to its amendment by Mysore Act No.14 of 1969. S.7 of Mysore Act No.14 of 1969 substitued the following sub-section for sub-sec. (2) of Section 21:

(2.) In this revision petition, Sri T.S.Ramachandra, learned Counsel for the petitioner urged that sub-sec. (2) of Sec.21 as substituted by Sec.7, of Mysore Act 14 of 1969 governs the case as the proceedings were pending before the Court of the Munsiff when the amendment came into force. Learned Counsel argued that the Courts below have erred in the exercise of their jurisdiction by ignoring the provision of law which governs the case. Sri P.R.Srinivasan, learned Counsel for the respondent contended that since the amendement affects the substantive rights of the parties the amendment has no retrospective effect and it does not govern pending proceedings.

(3.) The question for decision is whether S.21(3) of the Act as substituted by S.7 of Mysore Act 14 of 1969 governs cases where the proceedings for eviction had been instituted before the said amendment came into force. The matter pertains to rules of construction of statutes and the effect of amendments made to an Act. In the instant case, sub-sec. (2) of S.21 provides for the circumstances under which relief against eviction can be granted in proceedings under the Act The said sub-section was amended by substitution of a new provision set out in the earlief part of this order. Where a section of a statute is amended, the original ceases to exist and the new section supersedes it and becomes part of the law just as if the amendment has always been there. (Vide Crowford, Statutory Construction- Interpretation of Laws pages 110-111).