1977 Supreme(Raj) 34
Rajasthan High Court
Shrimal, J.
Maggi Bat - Appellant
Versus
Sitaram - Respondents
S.B. Civil Execution Second Appeal No. 37 of 1975
Decided On : March 30, 1977
M.R. Singhvi, for Appellant; S.K. Mal Lodha, for Respondeat
Headnote:(a) Interpretation of Statute—When the words used by the legislature are capable of one construction only, the Courts would not adopt any hypothetical construction.(b) Interpretation of Statute -When material words of statute are capable of two constructions, the one which is consistant with the object and policy of the Act, should be adopted,(c) Premises (Control of Rent and Eviction) Act, 1950—Sec. 26—Sec. 26 of the Act applies to the cases in which decrees and orders passed before the provisions of the Act made applicable.(d) Premises (Control of Rent and Eviction) Act, 1950—Sec. 14(2)— Provisions of sec. 14(2) - as amended by the Act 14 of 1976 do not apply to the cases in which decrees have been passed prior to the date of amendments.
2. The aggrieved landlord plaintiff has come up in appeal before this Court. A Single Bench of this Court by its judgment and decree dated April 28, 1975 allowed the appeal, set aside the judgment of the first appellate court and decreed the suit of the plaintiff. Thereafter the appellant-landlord filed aft execution petition in the Court of Munsiff City, Jodhpur on July 29, 1975 which was registered as Execution Case No. 83 of 1975. During the pendency of this execution petition, the tenant-respondent filed a Special Leave to Appeal before the Honble Supreme Court of India under Article 136 of the Constitution? Against the judgment and decree dated April 28, 1975 delivered in S.B. Civil Second appeal No. 496 of 1973. The petition for special leave to appeal was dismissed on September 24, 1975. Thereafter the respondent filed an objection petition on October 16, 1975 challenging the executabihty of the decree and the right of the landlord to evict the tenant. The learned Munsiff rejected the objection petition by his order dated November 12, 1975. Being aggrieved of this order, the respondent went up in appeal before the learned District Judge, Jodhpur. The appeal filed by the respondent came up for decision before the learned Additional District Judge No. 1, Jodhpur, who by his order dated December 9, 1975 accepted the appeal, set aside the order dated November 12, 1975 and passed the order as mentioned above. Hence this appeal.
3. The learned counsel for the appellant, Mr. M.R Singhvi, has vehemently challenged the correctness of the impugned order and contended that section 26 of the Act has no applicability to the facts of this case. It applies only to the decrees passed before the date of commencement of Act No. 17 of 1950.
4. The second contention is that provisions of Sec. 14(1) and (2) of the Act are no doubt retrospective and they are applicable to the pending proceedings viz. the suits, appeals and revisions, but they do not apply to the execution proceedings. He further urged that the matter stood conclusively determined by a Single Bench decision of this Court in Prabha Shankar vs. Smt. Rukmani (1), wherein the Honble S. N. Modi J., while determining the scope of sec. 14 of the Act observed as under:—
"I, therefore, hold that the provisions of Sec. 14 (2) as amended by the Amendment Ordinance of 1975 and pending suits and also pending appeals based on the