RAM RAN SINGH Vs. MOHAMMAD SHAFI

JUDGEMENT

(1.) THE applicant tenant moved an application u/Sec. 7-E of the Rent Control Act of 1947on October 1, 1971. THE Munsif dismissed this application on merits on June 2, 1972. THE tenant filed a revision on July 9, 1972. This revision was allowed and the case remanded back to the Munsif by an order of August 25, 1973. After remand, the learned Munsif allowed an objection of the landlord that the case stands transferred to the Prescribed Authority under Clause (f) of Sec. 43 (2) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Aggrieved, the tenant has come to this Court in revision.

(2.) SEC. 43 provides for repeals and savings. Sub-SEC. (2) opens "Notwithstanding such repeal" followed by a large number of subclauses. The legislature has attempted to make specific provision for different kinds of proceedings which may be pending when the Act of 1972 came into force. The Act came into force on July 15, 1972. The scheme mainly is to cover and specifically provide for certain kinds of orders passed by the District Magistrate under the old Act, or in respect of proceedings pending before the District Magistrate or the Munsif under various sections of the old Act. The third category relates to revisions before the Commissioner or the State Government which may be pending on the commencement, of the new Act. Different kinds of provisions have been made for these different categories of proceedings. In this context, when clause (f) specifically deals with proceedings pending under SEC. 7-E of the Rent Control Act of 1947 in the court of Munsif immediately before the commencement of the Act, it cannot possibly cover the proceedings pending in the form of revision against an order passed by a Munsif u/SEC. 7-E. When the Munsif decides the proceedings, the proceedings in his court come to an end. Those very proceedings are commenced when a revision is filed. The revision may be said to be a continuation of the proceedings begun in the court of the Munsif. But it cannot be said that even after the disposal by an order of the Munsif the proceedings are still pending in the Court of Munsif. Clause (f) specifically applies to proceedings in the court of Munsif pending immediately before the commencement of this Act which was on July 15, 1972. The revision which was the only form in which the proceedings were pending on that date was not in the court of the Munsif. Looked at from either of view clause (f) would not cover a case which was sent back by the revisional court to the court of Munsif after July 15, 1972. The effect of the revisional order setting aside the Munsif's judgment is to make the proceedings pending in his court prospectively, that is from the date of the revisional order.