PRANSHANKAR Vs. FULSINHJI

JUDGEMENT

(1.) In this reference, a question of far-reaching importance, as to the interpretation of a proviso to S.29 of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947, arises for consideration. The question which is referred to this Bench is whether an appeal would lie against the determination of any question contemplated under S.47 of the Civil P. C. in execution proceedings for enforcing decrees and orders under the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Rent Act) and the Rules made thereunder.

(2.) The relations of landlord and tenant are covered by the Transfer of Property Act, 1882, Chap.-V, Ss.105 to 117. But the provisions were found inadequate to meet the situation created by acute shortage of housing accommodation. Therefore, Rent (War Restriction) Act 2 of 1918 was the first enactment brought into force for controlling the rent and housing accommodation. It came into force in the Bombay Presidency on April 10, 1918 and remained in force upto Dec. 31, 1925. Thereafter on the expiry of Bombay Act 2 of 1918, upto 1939, the relations of landlord and tenant were governed by the provisions of the T. P. Act. In 1939, the Bombay Rent Restriction Act, 16 of 1939 was enacted. It came into force on June 19, 1939 and remained in force upto Mar. 31, 1948. After the advent of the World War II, Bombay Rent Restriction Order, 1942 was made in exercise of the powers conferred by Defence of India Rules, 1939. Separate Order namely the Bombay Storage Accommodation Rent Restriction Order of 1942 and the Hotels and Lodging Houses Control Order, 1942, were also framed. The provisions of these Orders, with certain modifications, were enacted by the Bombay legislature, in the Bombay Rents, Hotels and Lodging House Rates (Control) Act 7 of 1944, which came into force on 12th May 1944 and was made applicable on different dates in different areas. This Act did not apply to the business premises. The Bombay Act, 15 of 1939 and the Bombay Act 7 of 1944 both were repealed by S.50 of the present Act, which apparently, recasts in some measure the provisions of the earlier Acts and provides for a large number of matters between the landlords and tenants.

(3.) The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, was enacted on 19th Jan. 1948 and came into force on 14-2-1948. The purpose of the Act is indicated by its preamble to wit "Whereas it is expedient to amend and consolidate the law relating to the control of rents and repairs of certain premises, of rates of hotels and lodging houses and of evictions". Part-II of the Act applies to premises which are let for specific purposes by a landlord to his tenant. Ss.7 to 11 regulate the rents and permitted increase which a landlord may recover from his tenant; Ss.12, 13, 16 and 17 regulate the relations of landlord and tenant so far as eviction is concerned. Ss.23 and 24 relate to the rights and obligations of landlord and tenant with respect to the repair of premises and supply of essential services. Ss.23 and 27 relate to collection of rent. S.22 is regarding the jurisdiction of the Court and S.29 provides for appeal. Part-III regulates the relations of lodgers and lodging house-keepers with respect to eviction of lodgers and rates for lodging and other incidental services. This statute is within the express powers of the State Legislature. S.29 of the Rent Act is the relevant section for the purpose of the present case. S.29, as it stood prior to its amendment in 1953, reads as under :