MULK RAJ Vs. KAPOOR CHAND

JUDGEMENT

(1.) THIS is a plaintiffs second appeal against the judgment and decree of the District Judge Jammu dismissing the plaintiffs suit for ejecting the defendant from the shop in question. The plaintiffs suit had been decreed by the trial court of the Sub -judge, Jammu, but on appeal the learned District Judge reversed the said decision and dismissed the suit. The learned District Judge does not appear to have entered into the merits of the case at all but has disposed of the appeal purely on a point of law relating to the applicability of the Jammu & Kashmir Houses &Shops Rent Control Act, 1966, which for the purpose of brevity we shall hereinafter refer to as the Act. The suit was brought by the plaintiff mainly on the ground that the lease stood expired by efflux of time and therefore no notice to quit was necessary.

(2.) THE suit was contested by the defendant on the ground that before leasing out the property to the defendant the parties had agreed that the defendant would not be ejected for ten years from the date of the lease. The trial court negatived the defence set up by the defendant and held that since the lease had expired by efflux of time the plaintiff was entitled to a decree for ejectment without a notice to quit.

(3.) THE present suit appears to have been filed on 20th July 1965. It is also common ground between the parties that the shop in question was constructed some time in the year 1965, and that the Jammu & Kashmir Houses & Shops Rent Control Act, 2009 expired on 31 -3 -66. More than a month and a half thereafter, i.e, on 16 -5 -66 the Jammu & Kashmir Houses & Shops Rent Control Ordinance, 1966, (Ordinance No. VI of 1966) was promulgated by the Governor. S. 1 (ii) of this Ordinance which was published in the extraordinary issue of the Government Gazette dated 16 -5 -66 i.e. a month and a half after the expiry of the previous legislation viz the Houses & Shops Rent Control Act 2009 ordained that it shall come into force on 1 -4 -66. By S. 1 (4) (ii) of the Ordinance, it was provided that the Ordinance would not apply to any house or shop which had been constructed on or after 1 -1 -54. As this Ordinance did not contain any saving clause, despite the expiry of the J&K Houses & Shop Rent Control Act, 2009, the Governor thought it advisable to amend it and this he did by issue of another Ordinance namely Ordinance No. 11 of 66 dated 16 -7 -66. By S. 2 of the latter Ordinance S. 34 was added to the Ordinance No. 6 of 1966, and it was further ordained that this section shall be and shall always be deemed to have been added. This newly added section 34 was in these terms : "34 Saving (1) Notwithstanding the expiration of the J&K Houses & Shops Rent Control Act, 2009, such expiration shall not. (a) Affect the previous operation of that Act or anything duly done or suffered thereunder, or (b) Affect any right, privilege, obligation or liability acquired, accrued or incurred under that Act, or (c) Affect any penalty or punishment incurred in respect of anything done against that Act, or (d) Affect any remedy or legal proceedings in respect of any such right, privilege, obligation, liability, penalty or punishment as aforesaid : and notwithstanding the orders of any court, officer or authority to the contrary such remedy may be enforced or legal proceedings may be continued and concluded and any such penality or punishment may be imposed as if the aforesaid Act had never expired. (2) All appointments, notifications, notices, orders, rules or forms made or issued under the J&K Houses & Shops Rent Control Act, 2009, shall, so far as these are not inconsistent with the provisions of this Ordinance, continue in force, and be deemed to have been made or issued under this Ordinance unless and until these are superseded by any appointment, notification, rule or form made or issued under this Ordinance."