The Parliament has exclusive power to regulate house accommodation in cantonment areas, and the State Legislature cannot make any laws on this subject.

1. This is a civil second appeal by the defendant in a suit for eviction the decree of which was granted by the Munsif, Nasirabad, confirmed by the Additional Civil Judge, Ajmer.

2. The only point argued by Shri C.K. Garg was that the counsel for the defendant conceded that the amendment Act of Rajasthan Premises (Control of Rent & Eviction) Act,1950 (hereinafter, for brevity 'the Act'), would not apply to the 'cantonment', and he was not justified in making this concession.

3. Shri A.K. Bhandari, the learned counsel for the respondent-plaintiff, submitted that the concession was made with the consciousness of the law on the point, and the concession is binding only unless it is shown to be vitiated on account of omission or commission of the counsel.

4. However, in view of the importance of the matter and question of construction and implication of law involved, I have heard Shri Garg at length even on the merits of the case about the applicability of Section 14 of the Rajasthan Premises (control of Rent & Eviction) Act, which was introduced by an amendment. There is no doubt that Nasirabad is cantonment area.

5. In Nawal Mal v. Nathu Mal, AIR 1962 Raj. 190 Division Bench of this Court held as under :

"A law pertaining to the control of rents in cantonment areas fall within the ambit of entry 3 of list 1 of the seventh schedule under the Constitution. The expression "including the control of rents" in this entry cannot be limited so as to exclude the control of rents" in this entry cannot be limited so as to exclude the control of rents as between private landlords and the tenants in the cantonment areas. The regulation of house accommodation in cantonment areas, having regard to the wide scope of this expression, cannot be confined to the acquiring or requisitioning or allocating the house accommodation therein. But such regulation may include the control of evictions from or the letting out of or fixation of rents generally for houses situate in cantonment areas. (para 11).
It is not doubt true that the general subject of regulating the relationship of landlord and tenants within the meaning of the various Rent Restriction Acts is a concurrent subject; on which the Union Parliament as well as the State Legislature would be competent to legislate. But it is a fundamental principle of this interpretation of entries in the legislative lists that, in case of any conflict between them, it is the duty of the Court to try and reconcile them between each other, and that as far as possible none of the entries become a dead letter, and the legislative power of each legislature under the different entries is maintained, and it is only as a last resort that the superior and predominant legislative power of the Parliament must be invoked. (para 11).Adopted this principle, any conflict between entire Nos. 6, 7 and 13 of list III on the one hand (or for that matter entry No. 19 of list II) and entry No. 3 of list I on the other can be satisfactorily resolved by holding that any legislation in the matter of control of house regulation including control of rent in the cantonment areas even if they are situated within the territory of a State, falls exclusively within the competence of the Union parliament, though such legislation in the rest of the territory of that State would be within its own competence, or that of the Union Parliament, as the case may be.So interpreted, the various entries present no conflict whatsoever and the legislative power of each legislature would be preserved without any undue invasion by the other. Legislation with regard to control of rents in a cantonment area is the exclusive field of the Union; and it must follow as a corollary from this that since Parliament has exclusive power so legislate with respect to these areas, as State Legislature cannot legislate with respect to any such matter even indirectly on the principle that what one cannot do directly, it will not be permitted to do indirectly. (pa