ABHILAKH RAM Vs. B UMA SHANKER

JUDGEMENT

(1.) The point in issue in this appeal lies in a narrow compass. The respondent is a tenant of a house belonging to the appellant. On 13th July 1946 the appellant brought a suit against the respondent for his ejectment from the house. A consent decree was passed on 14th February 1947, according to which the tenant was allowed a certain time to vacate the house. He did not vacate it. The appellant then filed an application for the execution of the decree. Meanwhile the (U. P. Temporary) Control of Rent and Eviction Act, 1947 (U P. Act III [3] of 1947) was passed. Inter alia the tenant relying upon Section 14 of that Act contended that he was not liable to ejectment. This section runs as follows:

(2.) The Act received the assent of the Governor General on 28th February 1947, under Section 76, Government of India Act, 1935, and was published in the U, P. Gazette Extraordinary, dated 1st March 1947. By Sub-section (3) of Section 1 of the Act it was provided that it would be deemed to have come into force on the let day of October 1946.

(3.) Learned counsel for the appellant contends that the Act commenced from the 1st day of October 1946, and as this decree was passed subsequent to that date Section 14 is not available to the respondent. I am unable to agree to this. The word "commencement" as defined in Sub-section (10) of Section 4 U. P. General Clauses Act, 1904, is as follows: " 'Commencement' used with reference to an Act, shall mean the day on which the Act comes into force." Sub-section (3) of Section 1, U. P. (Temporary) Control of Bent and Eviction Act, 1947, came into force, according to Section. 5, U. P. General Clauses Act, 1904, on the day when it was first published in the Official Gazette. Before such publication this Act had no effect. The words "the day on which the Act comas into force" appearing in Sub-section (10) of Section 4, U. P General Clauses Act, 1904, mean the date on which the Act acquires statutory effect and not the date on which it in deemed to have came into force. There is a sharp distinction between the date on which an Act comes into force and the date on which it is deemed to have come into force. As already stated this Act came into force on 1st March 1947, but by virtue of Sub-section (3) of Section 1 it would be deemed to have come into force on 1st October 1946.