FIRM RATANCHAND DARBARILAL SATNA Vs. RAJENDRA KUMAR KHOOBCHAND

JUDGEMENT

(1.) THE questions of law referred to the Full Bench are:

(2.) THE Madhya Pradesh Accommodation Control Act, 1961, which repealed and replaced the Madhya Pradesh Accommodation Control Act, 1955, according to its long title is "an Act to provide for the regulation and control of letting and rent of accommodation and the eviction of the tenants therefrom," Restriction on eviction of tenants is imposed by Section 12 which enacts that notwithstanding anything to the contrary contained in any other law or contract, no suit shall be filed in any civil Court against a tenant for his eviction except on one or more of the grounds mentioned in Clauses (a) to (b) of Sub-section (1), Then follows Section 13, which has given rise to this reference. The section is worded as follows:

(3.) THREE constructions of this section were suggested at the bar: (A) An appeal being a continuation of the suit, it must be taken to be included within the word 'suit' in Sub-section (1) and the tenant is bound to continue to deposit rent till the disposal of all appeals arising in a suit instituted by the landlord on any of the grounds referred to in Section 12 irrespective of whether the appeal is by the landlord or by the tenant; (B) An appeal is neither a 'suit' nor 'proceeding' and is not at all included within Sub-section (1) and a tenant is not bound to deposit any rent in appeal whether the appeal be by the landlord or by the tenant; and (C) An appeal is a 'proceeding' and falls within that word as it occurs in sub-sections (1) and (2) and if an appeal is by the landlord for obtaining a decree on any of the grounds referred to in Section 12, the provisions of Section 13 are attracted and the tenant is required to make deposit of rent as provided in Sub-sections (1) and (2 ). But an appeal by a tenant although a proceeding is not ''a proceeding instituted by the landlord" and does not fall within Sub-section (1) and therefore, the tenant is not required to deposit rent in such appeal which falls outside the purview of section 13.