JANAK KUMAR Vs. LT. COL. CHARANJIT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order of Rent Controller (C.J.M.) Jammu, dated 29-1-1977 whereby he rejected the application of the appellant herein for dismissal of the application filed by the respondent herein, for fixation of fair rent.

(2.) LT . Col. Charanjit Singh is the tenant in the premises situate in Cantonment area, Jammu, belonging to Shri Janak Kumar. This tenant filed application before the Rent Controller, (C.J.M.), Jammu for fixation of fair rent. During the course of proceedings, the, landlord Janak Kumar filed application submitting therein that the Rent Controller has got no jurisdiction to try the case as the premises are located in the area for which only the Parliament of India is competent to legislate regarding the enforcement of the rent control, enactments and the State of Jammu and Kashmir had no power of jurisdiction to extend the provisions of J and K Rent Control' Act to the cantonment areas. This application was resisted by the tenant and the learned Rent Controller, after hearing both the sides, passed the impugned order.

(3.) LEARNED counsel appearing for the appellant has referred to the provisions of Cantonments (Extension of Rent Control Laws) Act, 1957, under which, according to him, the Central Government was only authorised to extend laws relating to control of rents and regulation of house accommodation in regard to the cantonments. I think learned counsel for the appellant is not correct in his contention. Section 3 of the aforesaid Act provides that the Central Government may, by notification in the official gazette, extend to any cantonment with such restrictions and modification as it thinks fit, any enactment relating to the control of rents and regulation of house accommodation which is in force on the date of the notification in the State in which the Cantonment is situate. As the Parliament has no power to make any law relating to house accommodation and the control of fair rents as enumerated in Entry-3, List-1, Schedule VII of the Constitution of India, for the cantonments of Jammu and Kashmir, the Central Government has no authority to extend such laws to the Cantonment areas of Jammu and Kashmir State. It is only the State Government which has such power, and it has exercised such power rightly by extending the provisions of the Jammu and Kashmir Houses and Shops Rent Control Act, to Control Act, to the Cantonment Areas of the State by issuance of the above referred notification SRO-606 of 1971.