V L KASHYAP Vs. R P PURI

JUDGEMENT

(1.) This bunch of cases has been placed for disposalThese are revisions filed under sub-section (8) of section 25B of theamended provisions inserted by the Delhi Rent Control (Amendment)Act 18 of 1976, which came into force with effect from 1/12/1975. The amendments have been made in the Delhi Rent ControlAct, 59 of 1958 (hereinafter referred to as 'the Act'). These revisionsraise common questions of law of general importance and are, therefore,taken up for decision together.

(2.) The amending Act has, besides expanding the definition oftenant in clause (1) of section 2 of the Act, inserted a new section14A and also prescribed a summary procedure for trial of certain applications by addition of Chapter IIIA and insertion of sections 25A and25B in it. Section 25A applies the provisions of Chapter IIIA notwithstanding anything inconsistent in the Act or elsewhere in any other lawfor the time being in force. The procedure is prescribed by section 25Band it governs only two kinds of petitions, viz. (1) petition for evictionby the landlord on the ground of bona fide personal necessity mentionedin clause (e) of the proviso to sub-section (1) of section 14 of theAct, and (2) the petition for eviction on the ground mentioned insection 14A. It shows that the other proceedings will continue to begoverned by the existing provisions under the Act prior to the amendmentviz. section 37 and the Rules under the Act. In case proceedings undersection 14(l)(e) are already pending, they will continue to be governedby the provisions prior to the amendment, since by their very naturethe procedure prescribed by section 25B will govern only new peiltions,as summons are directed to be issued in a special form and the provisions of law have prescribed for grant or refusal of leave, which canappropriately not be applied to pending proceedings. The peridingproceedings must, therefore, be continued under the existing Act orbe withdrawn with liberty to file another petition on the same causeof action, or it may be open to the landlord to file a new petition ona fresh cause of action, either under clause (e) or section 14A, ashe may be advised.

(3.) The procedure prescribed by section 25B makes a special provision for service of summonses in the prescribed form on the tenant.Its sub-sections (4) and (5) read as follows :