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High Court Of Madhya Pradesh
P. V. Dixit, C. J. and R. J. Bhave, J.
GOKULDAS PAGARIA - Appellant
Versus
PARMANAND CHAURASIA - Respondents
Second Appeal 537 Of 1964
Decided On : 05/04/1967
(2) Accommodation Control Act, 1961 (M.P.) - applicability to cantonment areas - cantonment areas - Constitution of India - Art. 246. Seventh Schedule. List I, Entry 3.
The regulation of house-accommodation, including the control of rents, in cantonment areas is a matter with respect to which Parliament has exclusive power to make laws by virtue of Article 246 and entry-3 of List-I of Seventh Schedule to the Constitution. That being so, the M P. Accommodation Control Act, 1961, or the earlier Act of 1955 repealed by the Act of 1961, though applicable to the whole of Madhya Pradesh, necessarily excluded from its operation the Cantonment areas in the State. Neither of these Acts was proprio vigore applicable to cantonment areas. In 1957 the Cantonments (Extension of Rent Control Laws) Act, 1957, was enacted by Parliament. Section 3 of this Act gives to the Central Government the power to extend, by a notification, 10 any cantonment with such restrictions and modifications, as it thinks fit, any enactment relating to the control of rent and regulation of home accommodation which is in force on the date of the notification in the State in which the cantonment is situated. [Para 3]
(3) Accommodation Control Act, 1961 (M.P.) - Ss. 12 & 51 - Cantonment (Extension of Rent Control Laws) Act, 1957 - S. 3 - Notification doted 13 June 1964 - suits pending at the issuance of the Notification - not affected by the extended law - effect of not applying section 51.
By a Notification issued under section 3 of the Cantonment (Extension of Rent Laws) Act, 1957, and published on the 13th June 1964, The M.P. Accommodation Control Act, 1961, was extended inter alia to Jabalpur Cantonment with the modification that section 51 shall be omitted. The question was whether the suits pending at that date were governed by the provisions of the M.P. Accommodation Control Act, 1961.
Held: There is no provision of any kind in the notification dated the 13th June 1964 applying the Act of 1961 to eviction suits pending on 13th June 1964. There is no such provision even in the Act itself. On the other hand, the language of section 12 (1) is such as to indicate that the Act of 1961 applies to suits which may be instituted after the Act comes into force. It does not apply to suits which were already pending when the Act came into force or was extended to Cantonment areas.
The omission of section 51 from the Act of 1961 in its applicability to the cantonment areas does not on any principle lead to the conclusion that the 1961 - Act applies to suits already pending on 13th June 1964, that is, the date on which the notification extending the Act to cantonment areas was issued. S.A. No. 131 of 1966 decided on 21.10.1966 and 1965 JLJ 786 OVERRULED. AIR 1962 SC 73 referred to. [Para 5]
(4) Accommodation Control Act, 1961 (M.P.) - S. 12 - is prospective, Section 12 of the Act is in terms prospective and not retrospective, and does not apply to pending suits. AIR 1951 SC 199 relied on. [Para 4]
(5) Interpretation of statutes - vested rights - right to continue duly instituted suit - is a vested right - nature of the right.
A right to continue a duly instituted suit is in the nature of vested right. AIR 1943 FC 24 & 1961 JLJ 710 relied on.
With regard to substantive or vested rights the principle is well settled that they cannot be taken away except by clear indication of intention. [Para 4]
(6) Interpretation of statutes - retrospection operation to a provision - when may be given.
The settled rule of construction or statutes is that no statute, unless it be a statute dealing with procedure only, should be construed to have a retrospective operation unless it so provides either expressly or by necessary implication or intendment, and that a statute is not to be construed to have greater retrospective operation than its language renders necessary. [Para 4]
( 1 ) THIS second appeal, which has come up before us for disposal on a reference by one of us arises out of a suit filed by the respondent for the eviction of the appellant from a house situated in Jabalpur Cantonment area.
( 2 ) THE plaintiff respondent instituted a suit for ejectment on 15th July 1963 after giving a notice to the appellant terminating his tenancy No ground for ejectment, falling under Section 12 of the Madhya Pradesh Accommodation Control Act, 1961, or under Section 4 of the Madhya Pradesh Accommodation Control Act 1955, repealed by the Act of 1961, was averred by the plaintiff or made out at the trial. Both the courts below decreed the plaintiff's claim taking the view that when the suit for eviction was filed neither the Act of 1955 nor the 1961 Act was in force in the Jabalpur Cantonment area; that the notification issued by the Central government under Section 3 of the Cantonments (Extension of Rent Control Laws)Act. 1957, and published in the Gazette of India dated the 13th June 1964, extending inter alia to the Jabalpur Cantonment area the Madhya Pradesh accommodation Control Act, 1961, with certain modifications, was not retrospective so as to make the Act of 1961 applicable to eviction suits pending on the date of the notification; and that, therefore, the plaintiff respondent was entitled to eject the appellant after validly terminating the tenancy.
( 3 ) THE sole question that arises for determination in this appeal is whether the aforesaid notification has the effect of making the Act of 1961 applicable to eviction suits, pending on the date of the notification. It must be stated at the outset that the regulation of house accommodation. including the control of rents, in Cantonment-Areas is a matter with respect to which Parliament has exclusive power to make laws by virtue of Article 246 and entry-3 of List-1 of Seventh schedule to the Constitution. That being so, the M. P. Accommodation Control Act, 1961, or the earlier Act of 1955 repealed by the Act of 1961, though applicable to the whole of Madhya Pradesh, necessarily excluded from its operation the cantonment Areas in the State. Neither of these Acts was proprio vigore applicable to Cantonment Areas. In 1957 the Cantonments (Extension of Rent Control Laws) Act, 1957, was enacted by Parliament. Section 3 of this Act gives to the Central Government the power to extend, by a notification, to any cantonment with such restrictions and modifications, as it thinks fit, any enactment relating to the control of rent and regulation of house accommodation which is in force on the date of the notification in the State in which the cantonment is situated. It was in exercise of the power conferred by this section that the notification dated the 13th June 1964 was issued by the Central Government extending inter alia to Jabalpur Cantonment the M. P. Accommodation Control Act, 1961, with the modification set out in the notification. The modification material here is the omission of Section 51 (which was formerly numbered as 52) of the M. P. Accommodation Control Act, 1961, in the applicability of that Act to the cantonment areas. Section 51 of the 1961-Act is as follows -
"51. Repeal and Savings-- (1) The Madhya Pradesh Accommodation control Act, 1955 (XXIII of 1955) in hereby repealed (2)Notwithstanding such repeal, all suits and other proceedings under the said Act, pending, at the commencement of this Act, before any Court or other authority shall be continued and disposed of in accordance with the pro visions of the said Act as if the said Act had continued in force and this Act had not been passed and the provisions for appeal under the said Act shall continue in force in respect of suits and proceedings disposed of there under. "
It must be noted that the notification dated the 13th June 1964 issued by the central Government under Section 3 of the Cantonments (Extension of Rent control Laws) Act, 1957, does not contain any provision making
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