MOHAMMED HAYATH Vs. ADINARAYANA ASSOCIATES

JUDGEMENT

(1.) This Appeal is directed against the order of dismissal dated 20-9-1983 made by Puttaswamy, J., in Civil Petition No. 222 of 1983. Appellant, against whom certain proceedings for eviction under the provisions of the Karnataka Pent Control Act, 1961 (Principal Act for short) are pending in H.R.C. 1339 of 1980 in That Court of Small Causes at Bangalore, sought to invoke Article 228 to have a pronouncement on a substantial question of law touching the institutional validity of Karnataka Rent Control Amendment) Act, 1983 (Act 17 of 1983) (Amending Act 17 of 1983 for short) which, according to appellant, was necessary for the disposal of the eviction proceedings. This appeal is in the list of admission cases. The appeal is admitted and, with the consent of learned counsel on both sides, taken up for final hearing and disposed of by this judgment.

(2.) The question arises this way: The 'Principal Act', which was a temporary statute, was, according to S. 1 (4), "to remain in force upto inclusive of 31st day of Dec. 1982" and would have spent itself, by efflux of time, on that day. On 31-12-1982, however, the Governor of Karnataka Promulgated in ordinance. The Karnataka Rent Control (Amendment) Ordinance, 1982 (Ordinance 10 of 1982), by which, inter alia, Sec. 1(4) of the "principal Act" was amended and the figures, "1982" therein were substituted by the figures "1992". This ordinance, having regard to the provisions in Art. 213 of the Constitution conditioning the duration of ordinances and having regard to the fact that both houses of legislature had reassembled on 24-1-1983, would have ceased to operate after 6-3-1983. However, on 28-2-1983, the Governor Promulgated a fresh ordinance, Karnataka Ordinance 4 of 1983, by which the same amendment to S. 1 (4) of the "Principal Act" by substitution of the figures "1982" by "1992" was brought about and the earlier ordinance, 10 of 1982, repealed. On the respective dates on which the two ordinances were promulgated the conditions precedent for the exercise of the Legislative power by the Governor under Art. 213(1) was satisfied in that the houses of the Karnataka Legislature were not in session. The operation of Ordinance 4/83 was made retrospective from 31-12 1982. On 10-3-1983, however, the Houses of Karnataka Legislature reassembled. The legislative Bill relating to the "Amending Act 17 of 1983" was introduced on 25-3-1983. The Bill was passed by the Legislative Assembly on 30-3-1983 and by the Legislative Council on 31-3-1983. The presidential assent was accorded on 15-7-1983. The "Amending Act 17 of 1983" was made retrospective in its operation. It provided by S. 1 (2) that " It shall be deemed to have come into force in the 'Thirty-First day of Dec. 1982". The Amending Act., by its second-edition amended S. 1(4) of the Principal Act providing:

(3.) The contention of the appellant before the learned single Judge was that the Amending Act 17 of 1983 is ineffective in extending the life of the 'Principal Act' which must, notwithstanding these measures, be held to have spent itself and no longer in force Learned single Judge did not agree and held :