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TMI Blog1977 (2) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... ecord as to when the appellant paid the full purchase price to the managing officer but presumably he did so before 23rd September, 1955 when the sale was confirmed in his favour by the managing officer. The sale certificate was not issued in favour of the appellant for a considerable time and we are told that even until now it has not been issued, but possession of the building was handed over to. the appellant on 30th August, 1956 and a letter dated 3rd September, 1956 was addressed by the managing officer to the respondent intimating to him that since possession of the building had been handed over to the appellant, the respondent should pay rent to the appellant and otherwise deal directly with him with effect from 30th August. 1956. This letter was addressed to the respondent, because at that time the respondent was in possession of one other shop in the same building as a tenant and pursuant to this letter, he attorned tenancy in respect of that shop to the appellant. On 1st September, 1956, the appellant let out the shop in dispute thereinafter referred to as the premises) to the respondent and the latter continued in possession of the premises as a monthly tenant. However, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it in accordance with the provisions of section 106 of the Transfer of Property Act, the appellant was entitled to recover possession of the premises from the respondent. A decree for eviction was accordingly passed by the Trial Court in favour of the appellant. The respondent preferred an appeal but the appeal was dismissed' by the Additional District Judge, Delhi on substantially the same view as that taken by the Trial Court. This was followed by a second appeal to the High Court but that appeal also met with the same fate and the decree for eviction became final between the parties. Now, before the decree for eviction could be executed, an amendment was made in section 3 of the Delhi Rent Control Act, 1958 which is very material. We shall immediately refer to, this amendment, but before we do so, it would be convenient to advert too, few relevant provisions ,of the Delhi Rent Control Act, 1958. This Act came into force with effect from 9th February, 1959 and it was intended to provide inter alia for control of rents and evictions. Section 14, sub-section (1) granted protection to the tenant against eviction by providing that notwithstanding anything contained in any othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e effect of the addition of the proviso with retrospective effect was as if the proviso had always been there right from the time when the Act was enacted. Therefore, when an application was filed by the appellant for execution of the decree for eviction against the respondent on 31st August, 1963, an objection was raised on behalf of the respondent that by reason of the retrospective introduction of the proviso in section 3, the decree for eviction was rendered null and void as a decree passed by a court without jurisdiction and hence it was not executable against the respondent. This objection was negatived by the executing court on the ground that that was not an .objection which could be entertained in execution and the executing court must proceed to execute the decree which had become final between the parties. The respondent preferred an appeal but the first appellate court took the view that, on the facts of the case, the proviso to section 3 was not attracted and hence the decree for eviction .could not be said to be one passed by a court without jurisdiction and on this view, it upheld the order of the executing court and rejected the appeal. This led to the filing of a f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Patni v. Sri Kali-Nath.( [1962] 2 S.C.R. 747.) It is, therefore, obvious that in the present case, it was competent to the executing court to examine whether the decree for eviction was a nullity on the ground that the civil court had no inherent jurisdiction to entertain the suit in which the decree for eviction was passed. If the decree for eviction was a nullity, the executing court could declare it to be such and decline to execute it against the respondent. The position which obtained when the suit for eviction was instituted by the appellant against the respondent was that section 3, as it stood prior to.its amendment by Act 4 of 1963, was in force and that excluded the applicability of the Delhi Rent Control Act. 1958 to premises belonging to the Government. The premises in the present case, were vested in the Government under section 12 of the Displaced Persons (Compensation Rehabilitation) Act, 1954 and they were sold by public auction to the appellant and though full purchase price was paid by the appellant and the sale was confirmed in his favor and possession was also handed over to him, the certificate of sale was, for some inexplicable reason, not issued in hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the provisions of the Delhi Rent Control Act, 1958 were applicable to the tenancy of the respondent, for the premises though belonging to the Government, were lawfully let out by the appellant to the respondent and the condition of the proviso was satisfied. That was the position which, by reason of the legal fiction brought about by the retrospective introduction of the proviso in section, 3, must be held to have prevailed at the date. of the institution of the suit and the provisions of the Delhi Rent Control Act, 1958 being applicable, it must be concluded that the civil court had no inherent jurisdiction to entertain the suit (vide section 50) and the decree for eviction was a nullity. Prima facie, it may appear somewhat strange that a decree for eviction which was good and valid when it was made should be treated as null and void by virtue-of the retrospective introduction of the proviso in section 3. But such a result is necessarily involved in the legal fiction created by the retrospective operation of the proviso. If, as a result of the said fiction, we must read the proviso as forming part of section 3 as from the date of enactment of the Delhi Rent Control Act, 1958, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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