SHAKUNTALA Vs. PT BHAGWAN DASS

JUDGEMENT

(1.) Bhagwan Dass respondent obtained a decree for possession of the land in question on November 11, 1964. The Slum Areas (Improvement and Clearance) Amendment Act, 1964 (Act No. XLIII of 1964) came into force on 27th February, 1965. Before 27th February, 1965, however, the landlord filed an application for execution of the decree and warrants for eviction of the tenant were issued. The bailiff, however, returned the warrants with a report that there was apprehension of breach of peace and possession could not be delivered without police aid. The said Amendment Act came into force in the meantime The judgment-debtor Bled an application under S. 19 of the Slum Areas (Improvement and Clearance) Act, 1956, objecting to the execution of the decree without permission from the Competent Authority under the said Act as amended in 1964. The short controversy that arises between the parties is whether it is necessary for a decree-holder to obtain permission of the Authority under the said Act before executing the decree? The trial Court by judgment dated 10th December, 1965, decided that Cl. (b) of S. 19 as amended by Act XLIII of 1964 applied only to decrees or orders obtained after coming into force of the Amending Act in suits and proceedings instituted before the said Amending Act and since in this case the decree had been obtained earlier it could be executed without such permission.

(2.) It may be pointed out that the decree is for possession of the land. Section 19. as it stood before the amendment and as amended. reads as under- Before Amendment:

(3.) The perusal of the amended section would show that it became applicable to lands also Section 19 (l) (a) admittedly does not apply to this case because the suit was instituted before the commencement of the Amendment Act, 1964. The question is whether Cl (b) of sub-section (l) of S. 19 applies. The construction of S. 19, as amended, came up for consideration before their Lordships of the Supreme Court in an unreported judgment in Vijendra Nath v. Jagdish Rai Aggarwal, Civil Appeal No. 1314 of 1966, dated 2-12-1966: ( AIR 1967 SC 600). In that case the owner of a building obtained a decree for eviction of the tenant on December 5, 1960. By this decree the tenant was allowed time to vacate till March 2, 1963. On June 19, 1964, the landlord obtained the permission for the execution of the decree from the Competent Authority under S 19 of the Slum Areas (Improvement and Clearance) Act, 1956. On July 22, 1961, the landlord applied for execution of the decree and objections against execution were dismissed on August 7, 1964. The appeal and revision at the instance of the tenant were also dismissed on March 19. 1965. and March 24. 1965 respectively.