MOHAMED ALI UMAR MUSA Vs. PESI D POCHA

JUDGEMENT

(1.) THE question for consideration in this petition under Article 227 of the Constitution of India, is whether the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Bombay Rent Act) was applicable to the premises in Pune Cantonment on 27th November, 1973.

(2.) THE Respondents Nos. 1 to 3 and a gentleman by name Framroze Mistry, since deceased, in their capacity as trustees of the estate of one Mr. D. P. Pocha, are the owners of a flat in House No. 2504 situated at Sir E. H. Jaffar Road Cantonment, Pune. The respondent No. 4 was the tenant and the petitioner was the sub-tenant of the suit premises. In Suit No. 3365 of 1973, instituted on 27th November, 1973 a decree of eviction under the Bombay Rent Act was made against the respondent No. 4 and the petitioner. The decree is dated 21st October, 1975. It was confirmed by the District Court, Pune on 7th March, 1977 in Appeal No. 75 of 1976 and received approval of this Court by dismissal of a petition under Article 227 of the Constitution of India filed by the petitioner. Then the petitioner filed Regular Civil Suit No. 447 of 1980 in the Court of the Civil Judge, Junior Division, Pune, for a declaration that the aforementioned decree in Civil Suit No. 3365 of 1973 which, as already stated, was confirmed in Appeal, is void, as, according to the petitioner, on 27th November, 1973, when the suit was instituted, the Bombay Rent Act was not applicable to Pune Cantonment where the premises are situated and therefore, the Special Court constituted under the Act had no Jurisdiction to entertain and try the suit. The application Exh. 5 for interim injunction restraining the respondents No. 1 to 3 from executing the decree, was granted by the learned Civil Judge, Junior Division, Pune but it was dismissed by the learned IInd Additional District Judge, Pune, in Miscellaneous Appeal No. 18 of 1982. The petitioner impugns this Order passed by the learned IInd Additional District Judge, Pune.

(3.) THE Bombay Rent Act came into force, on 19th January, 1948 by virtue of the Notification published by the Government of Maharashtra under section 3 (1) of the Act. Section 3 (2) of the Act limits the duration of the Act to the period specified therein which was extended from time to time. The Bombay Rent Act remained in fore initially upto 31st March, 1970 and thereafter has been extended from time to time, by the Maharashtra Legislature. On 29th April, 1969 the Supreme Court delivered the judgment in (Indu Bhushan Pose v. Rama Sundari Debi and another) A. I. R. 1970 S. C. 228. The Supreme Court held that the power to make laws on the subject of house accommodation in Cantonment areas belongs exclusively to the Parliament. The effect of the Supreme Courts pronouncement in its application, to the Pune Cantonment was that the Bombay Rent Act was passed by the State Legislature without possessing the legislative competence.