PRABHASHANKAR SHANKARLAL JOSHI Vs. FULSINHJI KESHARISINHJI PARMAR

JUDGEMENT

(1.) In this reference a question of far reaching importance as to the interpretation of a proviso to Section 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 contem- plated under Section 47 of the Code of Civil Procedure 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 1890 Chapter 7 Sec- tions 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 December 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 Transfer of Property Act. In 1939 the Bombay Rent Restriction Act 16 of 1939 was enacted. It came into force on June 19 1939 and re- mained in force upto March 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 Bom- bay 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 The Bombay Act 15 of 1939 and the Bombay Act 7 of 1944 both were repealed by Section 50 of the present Act which apparently recasts in some measure the provisions of the earlier Acts and provides for a large number of matters between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 January 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. Sections 7 to 11 regulate the rents and permitted increase which a landlord may recover from his tenant; Sections 12 13 16 and 17 regulate the relations of landlord and tenant so far as evic- tion is concerned. Sections 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. Sections 26 and 27 relate to collection of rent. Section 28 is regarding the jurisdiction of the court and Section 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 servi- ces. This statute is within the express powers of the State Legislature. Section 29 of the Rent Act is the relevant Section for the purpose of the present case. Section 29 as it stood prior to its amendment in 1953 reads as under: