S. A. SESHADRI AIYANGAR Vs. NARAYANA NAIR

JUDGEMENT

(1.) This is an appeal from the order of the Principal Judge, City Civil Court, Madras, dismissing an execution petition, E. P. No. 1109 of 1946 on the file of his Court.

(2.) The relevant facts are these : The property which forms the subject-matter of this controversy is a non-residential building in Besant Road, Triplicane. On 29th May 1946 the landlord obtained from the House Rent Controller appointed under the Madras House Rent Control Order of 1945, an order for the eviction of the tenant who was then in occupation of the premises. The tenant preferred an appeal to the Collector of Madras, which was dismissed on 15th July 1946. On 2nd August 1946 the landlord applied to the City Civil Court for execution of the order of eviction that had been made in his favour. On the very same day, namely, 2nd August 1946, the tenant presented a revision petition to the Government which he was entitled to do under the Madras House Rent Control Order. This order ceased to be in force on 30th September 1946 and its place was taken by the Madras Act XV [15] of 1946. On 13th March 1947, that is to say, after the Madras House Rent Control Order of 1945 had ceased to be in force and the Madras Act XV [15] of 1946 had taken its place the Provincial Government allowed the revision petition of the tenant. When this fact was brought to his notice the learned Judge in the City Civil Court dismissed the execution petition. Against that order the landlord now appeals.

(3.) The principal argument put forward on behalf of the landlord is that on 13th March 1947 when the Government passed the order allowing the revision petition of the tenant they had no power to do so since the Madras House Rent Control Order of 1945 which alone conferred on them the requisite power was no longer in force. In substance the argument was that the source from which the Government derived their power had dried up, and that, therefore, their order was incompetent. In this connection reference was made to certain passages in Craies "Statute Law" Edn. 4 at p. 347, where the learned author says :