SAHABUDDIN Vs. MOHAN LAL

JUDGEMENT

(1.) The applt. was a month to month tenant & the rent reserved was Rs. 17/-only. He did not pay rent for the months of January & February 1946. The landlord on 6-3-1946 gave him a notice calling upon him to pay the arrears of rent & to vacate the premises on 31-3-1946. The arrears were not paid nor were the premises vacated. A suit for ejectment & for arrears of rent was filed on 3-5-1946. The parties entered into a compromise on 8-11-1946. The terms of the compromise were that the applt. would vacate the house within six months & he would pay Rs. 38/- on account of arrears of rent & damages for use & occupation. It was not specified how much of it was due as arrears of rent & how much for use & occupation. Rupees 38 were paid after several months. On 27-5-1947, after expiry of six months the decree-holder applied for execution of the decree for ejectment.

(2.) Reliance was placed on certain provisions of the United Provinces (Temporary) Control of Rent & Eviction Act (III [3] of 1947) & it was urged that the decree was no longer executable. This Act received the assent of the Governor-General on 28-2-1947 & was published in the U. P. Gazette (Extraordinary) on 1-3-1947. Subsection (3) of Section 1, however, provides that the Act must be deemed to have come into force on 1-10-1946. The result, therefore, is that though the Act was passed in the year 1947 it was given retrospective effect from 1-10-1946. The compromise decree being dated 8-11-1946, it must be deemed to have been passed after the Act came into force.

(3.) The question, therefore, arises whether in view of the provisions of Sections 14 & 15 the compromise decree is executable.