JAWAHAR SINGH Vs. JAI GOPAL GROVER

JUDGEMENT

(1.) This petition for revision arises out of execution proceedings taken by the landlord against his tenant.

(2.) The facts lie within a narrow compass. The petitioner, who is the landlord, filed a suit for eviction under the Delhi and Ajmer Rent Control Act of 1952 in the Civil Courts at Delhi in October 1956 on the grounds of personal necessity and non-payment of rent. On 31st March 1958 a compromise was effected between the parties. The respondent admitted the claim of the petitioner and a decree was passed in terms of the compromise. It was agreed between the parties that the decree would not be executed till 31st March 1960. The Delhi Rent Control Act of 1958 was enacted in February 1959. After the expiry of the period of two years, the petitioner filed an execution application on 7th October 1960 in the Civil Court. The respondent filed objections under sections 47 and 151 of the Code of Civil Procedure and section 50 of the Act of 1958 saying inier alia that the decree was not executable. With regard to the main objections the of respondent that since the premises in dispute had been constructed after 1st June 1951 but before 9th June 1955 the execution of the decree was barred by the provisions of section 50 of the Act of 1958 it was held that the decree had become inexecutable and the Court had no jurisdiction to order eviction of the respondent. It appears that the learned Judge took that view with reference to the provisions of section 50 (3) of the Act 1958. The learned Additional District Judge considered that section 50 (3) was not applicable but that the Civil Court had no jurisdiction in the matter by virtue of sub-section (1) of section 50. In his view execution proceedings for the eviction of a tenant could not be' entertained by a Civil Court after enactment of the Act of 1958 even if the decree had been passed under the Act of 1932. The present petition has been preferred against the orders of the Courts below.

(3.) Now, section 50 of the Act of 1958 appears in Chapter VIII, which is entitled "Miscellaneous". The section itself contains four subsections the first being :-