DHANNALAL NANDLAL VERMA Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) By this petition, landlord Dhannalal Verma has challenged the appellate order passed by the respondent No. Additional District Magistrate, Nagpur, rejecting his application for permission to terminate the tenancy of original respondeat No. 2, Nokhelal Dhobi (since deceased) under clause 13 (3) (vi) and (vii) of the C. P. and Berar Letting of Houses and Rent Control Order, 1949 ("The HRC Order" for short).

(2.) A preliminary objection is raised on behalf of the tenant to the effect that the proceeding initiated by the landlord in 1976 under clause 13 (3) of the HRC Order are not maintainable at all in view of bar of Section 22 (1) of the Maharashtra Slum Areas (Improvement Clearance and Redevelopment) Act, 197l ("The Act" for short) and therefore, they should be quashed on this short ground without going into the merits of the matter. Submission is that house in question fails with "slum area" as defined under Section 2 (ga) of the Act and as admittedly no previous permission of the Competent Authority as defined under Section 2 (c) is obtained, the proceedings are void ab initio. Section 22 (1) reads thus :

(3.) My attention was invited to the case of Vs. Dhanapal Chettier v. Yasoda Ammal, 1979 Mh LJ 773 ; AIR 1979 SC 1745, in which it has been held that in respect of houses governed by certain Rent Control Legislations giving of notice under Section 106 of the Transfer of Property Act is not at all necessary and that the order of eviction can be passed straightway without such notice. I was also taken through the observations of Supreme Court to the effect that the judgment governs all Rent Control Legislations and the difference in the language used therein makes no difference It was canvassed that these observations do not admit of any exception irrespective of the scheme of particular legislation. It seems to me that this is superficial reading of that decision, which considered several Rent Control Legislations all over India (names specified) the scheme of which by and large contains a complete Code for eviction though the language used is different.