RAM SINGH Vs. SARVESH KUMAR MITTAL

JUDGEMENT

(1.) These are two writ petitions, which engage consideration of a common question of fact and law, hence they are being decided together.

(2.) Hence, the following judgement.

(3.) Before venturing into the rival contentions as raised by the learned counsel for the parties to the present writ petitions, which emanates from the consideration of Applications, which were preferred by the petitioner/tenant before the Appellate Court, by invoking the provisions contained under Order 6 Rule 17 of CPC, as well as the provisions contained under Order 41 Rule 27 of CPC, which has been sought to be invoked by the petitioners/tenant during the pendency of the appellate Court proceedings which were being held under the Act No. 13 of 1972, at the stage wherein an Appeal under Section 22 of the Act No. 13 of 1972, was pending consideration before the Appellate Authority. This Court feels it necessary to observe and deal, as to what is the genesis and the source of the legislative powers, so far it relates to legislating the rent laws by the State, the source of the same has been derived from Entry 18 of Schedule VII List II of the Constitution of India, which reads as under:-