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1979 Supreme(MP) 144

HIGH COURT OF MADHYA PRADESH
P.D. Mulye, J.
Jethanand
v.
Nagar Palika, Mandsaur
S.A. No. 168 of 1979 against appellate decree passed by Shri S.G. Shukla, I Addl. District Judge, Mandsaur, confirming the decree passed by Shri R.N. Bhavsar, Civil Judge, Class II, Mandsaur
Decided on : 26-9-1979

Advocates appeared:
P.K. Saxena for appellant
B.L. Pavecha for respondent

Headnote:(1) Lok Parisar (Bedakhli) Adhiniyam, 1974 (MP) - Ss.2(e) and 15 – Municipality a local authority-land belonging to Municipality is not 'Public premises' as defined in section 2 (e) of the Act,-suit/or eviction from land of a Municipality-is not barred by section 15 of the Act.

       Land belonging to a Municipality is not included in the definition of Public Premises as defined in section 2 (e) of the M.P. Lok Parisar (Bedakhli) Adhiniyam. The jurisdiction of Civil Court to entertain cases of eviction from such land is not barred by section 15 of the Adhiniyam. AIR 1976 All. 420 referred to. [Para 13

       (2) Accommodation Control Act, 1961 (MP)-3 (1) (b)-land leased out by Muncipality for non-residential purpose-provisions of the Act do not apply.

       Where the land in question undisputedly belonged to the Muncipality who is the leassor from whom the land in question was taken on lease by the defendant-appellant on the basis of a written lease-deed, wherein also it is specifically incorporated that the land in question will only be used for a non-residential purpose, and not for any other purposes.

       Held: The protections enacted in the M.P. Accommodation Control Act are not available to the tenants. 1977 JLJ 200 refered to. [Para 14

       (3) Interpretation of statutes-punctuation marks - cannot be the basis for interpretation of a provision.

       To construe Acts according to punctuation marks or according to the absence of punctuation marks, or completion or incompletion of bracket, would be to constitute legislative enactment not according to the intention of the legislature, but according to the intention of the statutory draftsmen. [para 12

       (4) Interpretation of statutes-casus omissus-power to supply - no part should be rendered redundent.

       As a rule, a Court of law is not authorised to supply a casus-omissus or to alter the language of statute for the purpose of supplying a meaning if the language used in statute is not capable to warrant; but where the meaning and purpose of the statute are clear, the Court need not feel helpless in giving effect to them merely because there is an error or omission here or there. It is also a cardinal principle of interpretation of statutes, that a statute should not be so construed as to render, as far as possible, any part of it redundent or nugatory. [Para 12

       (5) Constitution of India-Art. 348-there is no constitutional bar to look into the Hindi version to find out the real meaning of a provision.

       The State Legislature could validly introduce and pass a State lagislation in the regional language of the State. In our Province, the State language being Hindi in my opinion, there is no constitutional bar for not looking into the original Hindi Text, as in this case, a bare reading of 'which makes it abundently clear that the local authority is excluded from the definition of 'Lok Parisar' (Public Premises), as defined in section 2 (e) of the M.P. Lok Parisar (Bedakhali) Adhiniyam 1974. 1957 JLJ 431 referred to.

       

JUDGMENT

Mulye, J. - 1. This appeal filed by the unsuccessful defendant tenant, is directed against the judgment & decree dated 3.3.1979 passed by the 1st Addl. District Judge, Mandsaur, in Civil First appeal No. 31-A of 1976, confirming the judgment and decree of ejectment and other reliefs passed by the trial Court.

2. The short facts giving rise to this appeal, which are no longer in dispute are as follows :-

That an open plot of land belonging to the Municipality Mandsaur, was taken on rent by the defendant appellant, on a monthly tenancy for the purpose of constructing a shop thereon, the terms and conditions of which are incorporated in the lease-deed. As the plaintiff municipality needed the suit accommodation for the purpose of developing the motor-stand and widening the road, by a quit notice, the defendant's tenancy was terminated and a suit for ejectment was filed, which was resisted by the defendant-appellant on a number of grounds, but the trial Court decreed the plaintiff's claim for ejectment, which has also been maintained by the lower appellate Court.

3. According to the plaintiff municipality the provisions of M.P. Accommodation Control Act, 1961, so for as the suit accommodation is concerned, were not applicable, in view of the provisions of section 3(b) of the said Act, which is as follows :-

"3. Act not to apply to certain accommodation.

(1) Nothing in this Act shall apply to-

(a)…………………………………….

(b) accommodation which is the property of a local authority used exclusively for non-residential purposes."

4. In this appeal the appellant has mainly challenged the jurisdiction of the Civil Court to try the suit on the ground that the suit instituted by the respondent was barred by provisions of sections 2 and 15 of the M.P. Lok Parisar (Bedakhali), Adhiniyam 1974 (Act No. 46 of 1974) which received the assent of the President on 10th November, 1974, and was published in M.P. Gazette dated 26th November, 1974. Sub-section (3) of section 1 of the Act provides that it shall be deemed to have come into force (i) in Mahakooshal region on the 12th September 1952; and (ii) in other regions of the State on the 1st January 1959, except sections 11, 19 and 20, which shall come into force atonce. The original Text of this Act, as passed by the State Legislature is in Hindi, of which as per Article 348(3) of the Constitution of India a translation of the same in the English language was also published under the authority of the Governor in the Madhya Pradesh Official Gazette.

5. In the English translation, the definition of "public premises" as defined in section 2(e) of the Act is as follows :-

"Public premises" means any premises belonging to or taken on lease or requisitioned by, or on behalf of, the State Government, and includes any premises belonging to or taken on lease by, or on behalf of –

(i) Any company as defined in section 3 of the Companies Act 1956 (No.1 of 1956) in which not less than 51% of the paid up share capital is held by the State Government; and

(ii) Any Corporation (not being a Company as defined in section 3 of the Companies Act, 1956) No.1 of 1956 or a local authority;

The Hindi Text of section 2 (e) is as follows:-

¼„½ bl vf/kfu;e esa tc rd fd lUnHkZa esa vU;Fkk visf{kr u gks^^^^^^^^^^^^

^^¼M+½ yksd ifjlj ls vfHkizsr gS dksbZ Hkh ,sls ifjlj tks jkT; ljdkj ds gksa ;k jkT; ljdkj }kjk ;k mldh vksj ls iV~Vs ij fy;s x;s gksa ;k vf/kxzfgr fd;sa x;s gksa vkSj mlds vUrxZr dksbZ Hkh ,sls ifjlj vkrs gSa tks&

¼,d½ daiuh ,DV ƒ‹‡ˆ ¼dzaekd ƒ lu~ ƒ‹‡ˆ½ dh /kkjk … esa ;Fkk ifjHkkf”kr fdlh ,slh daiuh] ftlesa dh jkT; ljdkj leknl vW’kiwath dk de ls de ,D;kou izfr’kr /kkj.k djrh gks] ds gks] ;k ml daiuh }kjk ;k mldh vksj ls iV~Vs ij fy;s x;s gksa] ;k

¼nks½ fdlh ,sls fuxe ¼tks daiuh ,DV ƒ‹‡ˆ ¼dzaekd ƒ lu~ ƒ‹‡ˆ½ dh /kkjk … esa ;Fkk ifjHkkf”kr daiuh ;k Lfkkuh; izkf/kdkjh u gksa½ (


5. According to the learned counsel for the appellant, a bare reading of the English translation of section 2 (e) 'public premises", means a local aut





























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