NAMDEO Vs. PRAKASH

JUDGEMENT

(1.) The petitioner, who was a defendant before the Court of Small Causes, Nagpur in Civil Suit No. 590 of 1983, has challenged the decree of eviction passed by the Court on 2-10-1985. The facts giving rise to this litigation may be briefly stated as follows : The opponent-plaintiff (a landlord) instituted a suit for eviction against the defendant-applicant. It was an admitted position that the plaintiff was a landlord and the defendant was a tenant in respect of these tenements. During the pendency of the suit, there was a compromise arrived at between the contesting parties and according to the terms of the compromise the defendant undertook to vacate the suit tenements by 31st of March, 1986.

(2.) The defendant was admittedly occupying these tenements for non-residential purposes. Under a Notification issued by the State Government in pursuance of section 30 of the Rent Control Order, 1949 the non-residential premises were excluded from the operation of the Rent Control Order. However, this exclusion was applicable only to those premises which came to be constructed on or after 1-1-1967. This was the only law prevailing in this region for more than a decade and the parties went to the Court with the law prevailing then.

(3.) This exemption granted by the Government under Clause 30 of the Rent Control Order came to be challenged before this very Court in Writ Petitions Nos. 1670 and 1695 of 1985. This Court, in its judgment, delivered on 29-8-1986, declared this notification as ultra vires. The result of this declaration was that there was no exemption available to any tenements irrespective of the fact whether they were constructed before or after 1-1-1967. The general provisions of the Rent Control Order prevailed and a landlord seeking redress against a tenant for a relief including the eviction was under obligation to comply with certain conditions before he could approach the Court. There was a specific prohibition on the landlord coming to the Court or relief of eviction unless he obtained a previous permission of the Rent Controller. This prohibition can be found under Clause 13(1) of the Order.