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TMI Blog2022 (4) TMI 1431X X X X Extracts X X X X X X X X Extracts X X X X ..... TMI 348 - SUPREME COURT] , it was held that under the U.P. Rent Act, even if the suit was filed within the exemption period and if the decree is not passed, the decree would be not executable after the Rent Act will became applicable. A perusal of the said provisions goes to show that the tenant cannot be evicted except in accordance with the provisions of the said Act. Considering the said provisions, this Court in a judgment reported as Atma Ram Mittal v. Ishwar Singh Punia [ 1988 (8) TMI 426 - SUPREME COURT] held that if the suit has been filed within the exemption period of ten years, the decree could be executed. Under the Punjab Rent Act, the provision is explicit that no decree for eviction passed before or after the commencement of the Act can be executed whereas under the Haryana Rent Act, a tenant cannot be evicted except in accordance with the provisions of the Haryana Rent Act - Section 18 does not talk about the validity of any decree of the civil court but only restricts the jurisdiction of the civil court from the date the Act became applicable. The Act has come into force in respect of the premises in question on 11.5.2015 i.e., after the civil suit was filed, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the High Court, the appellants relied on the Division Bench judgment of the Rajasthan High Court reported as K. Ramnarayan Khandelwal v. Shri Pukhraj Banthiya 2017 SCC OnLine Raj 4178 wherein it has been held that the decree in civil suit could not be passed after the applicability of the Act to the area in question. The High Court in the impugned judgment found that such judgment has been stayed by this Court in Special Leave Petition, therefore, the judgment is not binding. In view of the said fact, the High Court held that the decree in civil suit could be passed as the same view was adopted by another co-ordinate Bench of the High Court in another case Mohd. Rafiq v. Hanuman Sahai & Ors. (SBCWP No. 16681 of 2019) and consequently, dismissed the appeals filed by the appellants. 5. Learned counsel for the appellants argued that the Special Leave Petition arising out of the Division Bench judgment of the Rajasthan High Court in K. Ramnarayan Khandelwal and other similar cases are pending final disposal before this Court and that, therefore, the present appeals should also be heard along with the said matters. But we do not think so. Though, ideally all cases in which the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, in deciding such petitions to which provisions contained in Chapters II and III of this Act do not apply, have due regard to the provisions of Transfer of Properties Act, 1882 (Act 4 of 1882), the Contract Act, 1872 (Act 9 of 1872), or any other substantive law applicable to such matter in the same manner in which such law would have been applied had the dispute been brought before a civil court by way of suit… xx xx xx 32. Repeal and Savings.-The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act, 1950 (Act 17 of 1950) shall stand repealed with effect from the date notified under subsection (3) of Section 11 of this Act. (2) The repeal under sub-section (1) shall not affect- (a) anything duly done or suffered under the enactment so repealed; or (b) any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered uder the provision of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (1)- (a) xxx xxx (b) xxx xxx (c) xxx xxx (d) xxx xxx 7. The argument of learned counsel for the appellants is that after the noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cy by efflux of time or on the expiration of a notice to quit or in any other manner: Provided that nothing in this sub-section shall bar a suit for the eviction of a tenant on the determination of his tenancy by efflux of time where the tenancy for a fixed term was entered into by or in pursuance of a compromise or adjustment arrived at with reference to a suit, appeal, revision or execution proceeding, which is either recorded in court or otherwise reduced to writing and signed by the tenant." 11. In Om Prakash Gupta v. DIG Vijendrapal Gupta (1982) 2 SCC 61, a question arose whether the Rent Act would be applicable to a building which was constructed prior to the applicability of the Rent Act and whether the exemption granted to newly constructed buildings would be available to such building. It was held that the Rent Act is not applicable to a building which does not have a standing for ten years, even if the building was constructed prior to the applicability of the State Urban Rent Act to the area in question. However, in a later judgment reported as Vineet Kumar v. Mangal Sain Wadhera (1984) 3 SCC 352, it was held that under the U.P. Rent Act, even if the suit was filed wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o suit for eviction can be instituted except on the grounds specified in the sub-sections of this section. Keeping in view the language of this section if we examine the provisions contained in sub-section (2) of Section 2 it will be clear that for a newly constructed building the provisions of this Act will not apply for 10 years and therefore so far as the restriction under Section 20 is concerned they will not apply and therefore it is clear that within 10 years as provided for in sub-section (2) of Section 2 restriction on the institution of suit as provided for in Section 20 sub-section (1) quoted above will not be applicable and it is thus clear that during the pendency of the litigation even if 10 years expired the restriction will not be attracted as the suit has been instituted within 10 years and therefore restriction as provided for in Section 20 cannot be attracted." 13. Later in Ramesh Chandra v. III Additional District Judge & Ors. (1992) 1 SCC 751, a three-Judge Bench of this Court held as under: "12. Yet another contention urged by the learned counsel for the tenant on the strength of Vineet Kumar v. Mangal Sain Wadhera [(1984) 3 SCC 352] is that inasmuch as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , as subsequently amended]." 15. The Haryana Urban (Control of Rent and Eviction) Act, 1973 For short, the "Haryana Rent Act" provides that a tenant in possession of a building or a rented land shall not be evicted therefrom except in accordance with the provisions of this section. The relevant provisions of the said Act read thus: "1. xx xx xx (3) Nothing in this Act shall apply to any building the construction of which is completed on or after the commencement of this Act for a period of ten years from the date of its completion. xx xx xx 13 (1) A tenant in possession of a building or a rented land shall not be evicted therefrom except in accordance with the provisions of this section." 16. A perusal of the said provisions goes to show that the tenant cannot be evicted except in accordance with the provisions of the said Act. Considering the said provisions, this Court in a judgment reported as Atma Ram Mittal v. Ishwar Singh Punia (1988) 4 SCC 284 held that if the suit has been filed within the exemption period of ten years, the decree could be executed. This Court held as under: "8. It is well-settled that no man should suffer because of the fault of the court or del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SCC 352] is not good law. We have already construed the relevant provisions of the Act and pointed out that there is nothing in the Act which prevents the civil court from continuing the suit and passing a decree which could be executed." 18. Thus, under the Punjab Rent Act, the provision is explicit that no decree for eviction passed before or after the commencement of the Act can be executed whereas under the Haryana Rent Act, a tenant cannot be evicted except in accordance with the provisions of the Haryana Rent Act. It has also been held in the judgments referred to above that in a suit filed within the exemption period, the decree could be passed by the civil court even if the premises are located within the urban area to which the Act is applicable. The consistent view of this Court is that the decree can be validly executed if the suit was filed within the exemption period, except Vineet Kumar, which was specifically held to be not laying good law. 19. It would be relevant to refer to one judgment of this Court reported as Mansoor Khan v. Motiram Harebhan Kharat & Anr. (2002) 5 SCC 462 which dealt with an identical question wherein after filing of the suit, by virtue of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to by the learned counsel for the appellants, the judgment relied upon in Rajender Bansal & Ors. v. Bhuru (Dead) through Legal Representatives & Ors. (2017) 4 SCC 202 was dealing with Haryana Rent Act. The landlords were the appellants who had filed suit for eviction of the respondents, their tenants. The suit was filed in the civil court. The premises in question were outside the ambit of rent legislation on the day the suit was filed. However, during the pendency of the suit and before it could be finally decided, the area in question was brought within the sweep of rent legislations by requisite notifications. This Court concluded the issue against the tenants wherein it was held as under: "18. From the aforesaid discussion in Atma Ram Mittal [Atma Ram Mittal v. Ishwar Singh Punia, (1988) 4 SCC 284] , Vineet Kumar [Vineet Kumar v. Mangal Sain Wadhera, (1984) 3 SCC 352] , Ram Saroop Rai [Ram Saroop Rai v. Lilavati, (1980) 3 SCC 452] , Ramesh Chandra [Ramesh Chandra v. III Addl. District Judge, (1992) 1 SCC 751] and Shri Kishan [Shri Kishan v. Manoj Kumar, (1998) 2 SCC 710] cases, the apparent principles which can be culled out, forming the ratio decidendi of those cases, are a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court. Accordingly, this appeal is allowed and the judgment of the first appellate court as well as the High Court is set aside. As the only contention which was taken by the respondents before the first appellate court, challenging the decree of the trial court, was that the civil court ceased to have jurisdiction, the said first appeal preferred by the respondents stands dismissed thereby restoring the decree passed by the trial court. There shall, however, be no order as to costs." 21. In the aforesaid case, the Haryana Rent Act provided that no decree could be executed after the commencement of the Haryana Rent Act whereas, the Act herein has no such or similar provision. Therefore, this Court in the said judgment held that decree for eviction can be executed if suit has been filed when the Act was not applicable to the premises in question. We have our reservations in respect of such finding in the context of Haryana Rent Act but such question may be examined in an appropriate case. The Haryana Rent Act was enacted after repeal of Punjab Rent Act, which provides that a tenant in possession of a building shall not be evicted except in accordance with the provisions of Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amendment was retrospective or prospective. This Court held as under: "8. The High Court further concluded that the amendments have no retrospective effect. The provision came into force when the appeal was pending. Therefore, though the provision is prospective in force, has "retroactive effect". This provision merely provides for a limitation to be imposed for the future which in no way affects anything done by a party in the past and statutes providing for new remedies for enforcement of an existing right will apply to future as well as past causes of action. The reason being that the said statutes do not affect existing rights and in the present case, the insistence is upon obtaining of permission of the Controller to enforce a decree for eviction and it is, therefore, not retrospective in effect at all, since it has only retroactive force. xx xx xx 10. The High Court further took the view that the expression "premises" in the Act (sic Order) does not state as to when the amendment was to be effective as it does not state whether the amendment was retrospective or prospective. The same is on the statute-book on the date on which the suit or proceeding is pending for purpos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the principles is that the rights of the parties have to be determined on the date when lis commences i.e., on the date of filing of the suit. The plaintiff is entitled to decree on that day when he initiated the proceedings, therefore, rights of the parties have to be examined as on the said day. Recently, this Bench in a judgment reported as ECGC Limited v. Mokul Shriram EPC JV 2022 SCC OnLine SC 184 was examining the question as to whether the condition of deposit while filing appeal under the Consumer Protection Act, 2019 would be applicable or the provisions as it existed under the Consumer Protection Act, 1986 when the complaint was filed would be applicable. This Bench considering the Constitution Bench judgments in Garikapati Veeraya v. N. Subbiah Choudhry & Ors. AIR 1957 SC 540, Vitthalbhai Naranbhai Patel v. Commissioner of Sales Tax, M.P., Nagpur AIR 1967 SC 344 and Hardeodas Jagannath v. The State of Assam AIR 1970 SC 724 held that the provisions of the Consumer Protection Act, 2019 would not be applicable to the complaints filed prior to the commencement of the 2019 Act. Therefore, the Judgement and Decree passed in the suit for possession does not suffer from any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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