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R. C. GUBRELER. C. KOHLI

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CASE NO.:

Appeal (civil) 6799 of 2003

PETITIONER:

RAFIQUE BIBI (D) BY LRS.

RESPONDENT:

SYED WALIUDDIN (D) BY LRS. AND ORS.

DATE OF JUDGMENT: 28/08/2003

BENCH:

R.C. LAHOTI & ASHOK BHAN

JUDGMENT:

JUDGMENT

2003 Supp(3) SCR 100

The Judgment of the Court was delivered by R.C. LAHOTI, J. Leave granted.

The suit property is situated in the city of Ajmer. In the year 1956, a

suit was filed by the respondents-landlords alleging the appellants to be

their tenants in the suit premises. According to the respondents, the

appellants had defaulted in payment of rent for a period running over three

years since 29.11.1952. A demand-cum-quit notice was served on the

appellants, which having not been complied with, rendered the appellants

liable to be evicted under clause (a) of sub-section (1) of Section 13 of

the Delhi and Ajmer Rent Control Act, 1952. The suit was decreed by the

High Court holding the landlord-tenant relationship as proved and the

appellants having incurred liability for eviction on the ground of default

in payment of rent as alleged by the respondents.

When the decree was put to execution, the judgment debtors-appellants

raised an objection as to the executability of the decree, submitting that

during the pendency of the suit, by the effect of reorganization of States,

Ajmer became part of Rajasthan w.e.f. 1st November, 1956 and the suit

premises came to be governed by the provisions of the Rajasthan Premises

(Control of Rent and Eviction) Act, 1950-Section 13(l)(a) of the Rajasthan

Act provides for the tenant incurring liability for eviction if the tenant

has neither paid nor tendered the amount of rent due to the landlord for

six months. However, the Rajasthan Act conferred an additional privilege on

the tenant by providing that in a suit seeking eviction on the ground of

default in payment of rent, the tenant may, during the pendency of the

suit, deposit the amount of rent in arrears, with interest and costs, as

directed by the Court, and in that event a decree for eviction cannot be

passed. It was submitted that due to the failure of the Court in not having

afforded the tenant such an opportunity in terms of the privilege conferred

by the Rajasthan Act, the decree is rendered without jurisdiction and hence

a nullity and is not available for execution. The objection was overruled

by the executing Court and such dismissal of the objection to the

executability of the decree was also upheld by the High Court. The

aggrieved tenants have filed this appeal by special leave.

The submission made by Shri O.P. Sharma, learned senior counsel for the

appellants, is that the provisions of the Rent Control Act are beneficial

to the tenant and any protection conferred on the tenant must be given full

effect to so as to protect the tenant from eviction unless permitted by

law. Shri Sharma submitted that conferring the tenant with an opportunity

for wiping out the effect of default by making deposit during the pendency

of the proceedings is a privilege and protection specifically conferred on

the tenant, and if any Court has passed a decree for eviction without

complying with such provision of law, the decree would be a nullity and

hence not available to be executed. On the other hand, the learned counsel

for the respondents submitted that the decree is not a nullity and cannot

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be held to be inexecutable unless the decree can be said to be without

jurisdiction, which it is not. The learned counsel for the respondents also

pointed out that to avail the benefit of purging the effect of the default,

it is for the tenant to make an application to the Court, seeking the

opportunity of making a deposit and if the tenant did not do so he cannot

be heard to contend that an opportunity for depositing the rent during the

pendency of the proceedings was not allowed to him.

Having heard the learned counsel for the parties, we are sati