SM SUKUMARI DEVI Vs. RAJDHARI PANDEY

JUDGEMENT

(1.) Sm. Sukumari Debi is the owner of a plot of land in the 24-Perganas which was let some time before October 1939, to Rajdhari Pandey who used the land in connexion with his business of hiring out carts. The tenancy was described as a monthly tenancy at will and in 1939 the landlord gave the tenant notice to quit. The tenant did not quit and has not quitted. On 7 October 1939, the landlord obtained a decree against the tenant for possession of the premises. On 14 December 1989 the owner made an application for execution. That application was not dealt with immediately. On 30 May 1940, the Bengal Non-agricultural Tenancy (Temporary Provisions) Act of 1940, was passed by the Bengal Legislature and received the assent of the Governor on 30 May 1940. The Act did not receive the assent of the Governor-General. On 10 June 1940, the Munsif in the execution proceedings granted a stay of execution under the provisions of the Act just mentioned. On 20 July 1940, the owner appealed to the District Judge against the decision of the Munsif staying execution, but the appeal was dismissed. The owner applied to this Court for a rule to show cause why the orders just mentioned should not be set aside. That rule was granted and the matter has been argued at length before this Bench.

(2.) The learned advocate for the plaintiff - the petitioner before us - the owner of the land, has argued (1) that the Act in question is beyond the law-making powers of the Bengal Legislature and (2) that the provisions in the Act he complains of are repugnant to an existing law passed by the Central Legislature, namely the provisions of the Civil Procedure Code, which provide that execution of a decree shall be granted by the Courts. The Act itself begins with this preamble: Whereas it is expedient, pending the enactment of further legislation, to provide for the temporary stay of certain suits and proceedings for ejectment of certain non- agricultural tenants; It is hereby enacted....

(3.) By Section 1 the Act is extended to the whole of Bengal with the exception of certain parts of Calcutta. Nothing arises under this part of the Act. Section 1 also provides that the Act shall continue in force for two years from the date of its commencement, that is, from 30 May 1940. Section 2 defines a non-agricultural tenant. I will deal with this definition later. Section 3 provides: Notwithstanding anything contained in any other law for the time being in force, every suit and proceeding in any Court for ejectment of a non-agricultural tenant, other than a suit or proceeding for ejectment on account of the non-payment of rent by such tenant, shall be stayed for the period during which this Act continues in force: Provided that every proceeding for delivery of possession in execution of a deoree for ejectment on account of the non-payment of rent by such tenant shall be stayed if, within 80 days from the date of the decree, such tenant deposits into Court the amount of the decree together with the coats of the proceeding.