MAJOR ALI SOANES Vs. FR THOMAS THOOMKUZHY

JUDGEMENT

(1.) THE present respondent had filed suit for recovery of Rs. 5,200/- towards arrears of rent, damages and sought possession of the suit house. It is the case of the respondent/plaintiff that the present appellant/defendant was the tenant. The tenant was in arrears of rent. The plaintiff determined the tenancy vide notice which was served upon the defendant on 05th April, 1982. The suit came to be filed by the plaintiff on 03rd November, 1982. The Trial Court decreed the suit of the plaintiff. Aggrieved thereby the defendant filed an appeal. The Appellate Court dismissed the appeal confirming the judgment and decree passed by the Trial Court. The defendant has assailed the said concurrent findings in the present second appeal.

(2.) THE present second appeal has been admitted on 21.08.1990 on following substantial question of law which reads as under:

(3.) SHRI Lakhkar, the learned counsel for the respondent/plaintiff submits that the lease stood determined on 05th April, 1982, when the notice of determination of lease was served upon the defendant. Even the suit was instituted prior to the suit property being included in the Municipal limits. There was no separate notification stating that the Hyderabad Rent Act is applicable to the said premises. The learned counsel further submits that the law applicable to the parties would be the law in force on the date of the institution of the suit. For the said purpose, the learned counsel relies on the judgment of the Division Bench of Karnataka High Court in a case of A. V. Ibrahim and another Vs. Mandepanda Cariappa reported in AIR 1971 Kant. 298. The learned counsel submits that there is nothing in the Act which states that the proceedings pending under the provisions of the Transfer of Property Act shall be dealt by and under the provisions of the Rent Act. If there is no such provision, then the suit would be governed by the general statute i. e. Transfer of Property Act. The learned counsel relies on the judgment of Apex Court in a case of Sardar Khan and others Vs. Syed Najmul Hasan and others in Appeal (Civil) No. 1107 of 2007 decided on 28th February, 2007 : [2007 ALL SCR 1759].