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1974 Supreme(All) 152

Allahbad High Court
SATISHCHANDRA,H.N.SETH
Sarjoo Prasad - Appellant
Versus
IInd Additional District Judge, Kanpur - Respondent
Decided On : 08/07/1974

Advocates:
K.L. Grover, for Appellant; Triloki Nath, J. Swarup, L.P. Singh and Standing Counsel, for Respondents.

Headnote:

U.P. CIVIL LAWS (AMENDMENT) ACT, 1972 - SECTION 9 - TRANSFER OF PENDING SUITS TO SMALL CAUSE COURTS - CONSTITUTIONALITY - ARTICLE 14 - CLASSIFICATION BASED ON RECORDING OF EVIDENCE - RATIONAL RELATION TO OBJECT - VALIDITY.

Fact of the Case:

Seven appeals challenging the transfer of pending suits from regular civil courts to small cause courts under Section 9 of the U.P. Civil Laws (Amendment) Act, 1972. The appellants, tenants in various suits, argued that the provision violated Article 14 of the Constitution by discriminating against suits where recording of evidence had not begun.

Finding of the Court:

The Court upheld the validity of Section 9, holding that the classification of pending suits based on the recording of evidence was reasonable and had a rational relation to the object of avoiding multiplicity of appeals and ensuring speedy trial and decision.

Issues: 1. Whether Section 9 of the U.P. Civil Laws (Amendment) Act, 1972, violated Article 14 of the Constitution by discriminating against suits where recording of evidence had not begun. 2. Whether the classification of pending suits based on the recording of evidence was reasonable and had a rational relation to the object of the Act.

Ratio Decidendi: 1. Article 14 of the Constitution prohibits the State from denying equality before the law or equal protection of the laws. However, reasonable classification for the purposes of legislation is permissible, provided that the classification is based on an intelligible differentia and has a rational relation to the object sought to be achieved by the statute. 2. The recording of evidence is an intelligible differentia to classify pending cases for purposes of transfer. Transferring suits where evidence has already been recorded partly by the civil court would delay the trial and complicate the proceedings. 3. The object of transferring such suits to the court of small causes was to avoid multiplicity of appeals and to have a speedy trial and decision, which is a legitimate legislative purpose.

Final Decision: The appeals were dismissed with costs, upholding the validity of Section 9 of the U.P. Civil Laws (Amendment) Act, 1972.

Judgement

SATISH CHANDRA, J. :- These seven appeals raise common questions and can conveniently be decided by a common judgment.

2. Building No. 51/10, Naugarha, in the city of Kanpur, was owned by respondents Nos. 3 to 5. The various appellants in these seven appeals were tenants of different portions of this building. On 21st January, 1965, respondents Nos. 3 to 5, the landlords applied under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947, for permission to sue for the eviction of the tenants. After hearing the parties the Rent Control and Eviction Officer granted the requisite permission. The revisions filed by the tenants before the Commissioner as well as before the State Government failed and were dismissed. On 9th February, 1971, the landlords filed seven separate suits in the court of the City Munsif, Kanpur, for the ejectment of the appellants from the accommodations in their respective possession.

3. Before the evidence was recorded in these suits the U. P. Civil Laws (Amendment) Act. 1972, (Act No. 37 of 1972), came into force on 20th September, 1972. In virtue of Section 9 of this Act all the seven suits were transferred to the court of the Judge, Small Causes, Kanpur, who, after recording the evidence and hearing the parties, repelled the defence and decreed the seven suits. The tenants went up in revision before the District Judge, Kanpur. The District Judge, Kanpur, dismissed the revisions by a common judgment dated 2nd May, 1973. Aggrieved against these orders, the tenants came to this Court under Article 226 of the Constitution. The learned Single Judge did not find substance in any of the submissions raised in support of the writ petitions and dismissed them. Hence the present appeals.

4. Apart from the principal question that Section 9 of the Act 37 of 1972 violated Article 14 of the Constitution, learned counsel for the appellants raised a couple of other points relating to the merits of their case. We may first dispose of these subsidiary points.

5. It was urged that the permission granted to the landlords under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act was vitiated by fraud practised by the landlords upon the authorities. The submission was that the landlords sought permission on the ground that they needed the premises for their personal residence, that during the pendency of the proceedings the landlords acquired a bungalow at 35, Cariappa Road, Cantonment Road, Kanpur, which amply satisfied their need for personal residence, that this fact was concealed from the Rent Control Authorities, and that thus the landlords practised fraud upon the authorities.

6. From the evidence it is apparent that the bungalow in question was purchased by the mother and aunt of the respondents-landlords. The landlords not having bought any accommodation, it cannot be said that they practised fraud upon the authorities by not bringing this fact to their notice. Further, a perusal of the orders passed by the authorities below shows that the predominant ground upon which permission was granted was that the building in dispute was in a highly dilapidated condition and the landlords' case that it required reconstruction was true. The landlords' case that they would, after reconstruction of the building, utilise its first floor for residence and the ground floor for shops for business was accepted. There is no evidence that the landlords had not made good this assurance or that after reconstruction the premises in dispute have not been utilised as mentioned in the application for permission. There is hence no substance in the plea that the landlords obtained the requisite permission by practising fraud.

7. In the next place it was urged that the provisions of the Code of Civil Procedure relating to execution of decrees against immovable property are not applicable to small cause courts, that in the present suit the plaintiffs prayed for a decree for ejectment from immovable property,


































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