BOHRA ABDUL HUSSAIN Vs. PT CHHAGANLAL CHATURVEDI

JUDGEMENT

(1.) THIS is a revision in execution proceedings and the facts which have given rise to the petition are as follows: - Bohra Abdul Hussain, petitioner was a tenant of Pt. Chhaganlal Chaturvedi in respect of a shop situated at Kotah Under sec. 7(2) of the United State of Rajasthan Buildings (Lease and Rent Contral) Ordinance, 1948, (Ordinance No. XXII of 1948) (hereafter called the Ordinance), the landlord applied to the Controller for eviction of the tenant. The Controllor (the Collector being such officer under the Ordinance) made an order on 8th November, 1950, to the tenant to hand over the building to the landlord. An appeal was filed by the tenant to the Divisional Commissioner and it was heard by the Additional Commissioner. He dismissed the appeal by an order of 30th April, 1951.

(2.) IT may be mentioned that in the interval the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. XVII of 1950) came into force on 28th November, 1950.

(3.) THE last point urged by the learned counsel for the petitioner was that the Rajasthan Act repealed the United State of Rajasthan Ordinance. In the Rajasthan Act there is no provision for approaching the Controller for an order of eviction and remedy for eviction not having been provided in the Rajasthan Act, had to be pursued by a regular civil suit. It was urged that the Ordinance having been repealed, sec. 9 thereof was repealed and no provision remained for execution of the order of the eviction. According to the facts which have been stated above, the Controller had passed the order of eviction on 8th November, 1950, before the Rajasthan Act came into force. THE Rajasthan Act was brought into force on 28th November, 1950, when the appeal was pending before the Additional Commissioner. Sec. 27 sub-sec. (2) of the Rajasthan Act provides as follows: - "Except as is otherwise provided by or under this Act all cases which are, at the commencement thereof in any area to which it has been extended under sec. 2, pending before a Controller or any other authority appointed by or under any law in force therein immediately before such commencement, shall, notwithstanding anything to the contrary in this Act, be determined and disposed of by such Controller or authority in accordance with such law."