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  • Section 14 of the U.P (Temporary) Control of Rent & Eviction Act III of 1947.
  • U.P (Temporary) Control of Rent and Eviction Act (III of 1947)
  • Section 14 of the U.P Act III of 1947.
  • Clauses (a) to (f) of Section 3,
  • Amendment Act (44 of 1948)
  • U.P Act III of 1947
  • Section 1(3)
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Citation Codes
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citation codes
Case Number
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Acts
  • Section 14 of the U.P (Temporary) Control of Rent & Eviction Act III of 1947.
  • U.P (Temporary) Control of Rent and Eviction Act (III of 1947)
  • Section 14 of the U.P Act III of 1947.
  • Clauses (a) to (f) of Section 3,
  • Amendment Act (44 of 1948)
  • U.P Act III of 1947
  • Section 1(3)
Smart Summary

Judgment Summary — Mushtaq Ahmad, J.

Factual and Procedural Background

This appeal arises from a suit for ejectment and arrears of rent relating to a shop and some first-floor rooms. The plaintiff-respondent had originally granted the defendant a one-year lease dated 27 April 1938, with rent payable month to month according to the Hindi calendar and the tenancy stated to begin from Baisakh Badi 1, Sambat 1995. Prior to institution of the suit, the plaintiff served a notice dated 8 December 1944 demanding arrears and vacation of the premises; a subsequent notice dated 23 December 1944 corrected an error in the earlier notice concerning the lease commencement date.

In the plaint the plaintiff alleged that a monthly tenancy (tenancy at will arising after expiry of the written lease) commenced on the 1st of each Hindi month; that allegation was admitted in the written statement. The defendant's pleaded defences included attempts to pay rent which the plaintiff would not accept, invalidity of the notices, and protection under the Defence of India Rules.

The trial court on 26 May 1945 decreed the suit, finding arrears proved, upholding the notices, and holding that orders under the Defence of India Rules did not affect the suit. The lower appellate court affirmed the decree (noting an authority — Makhan Lal v. Shankar Lal — which it said required determination of arrears and ejectment in execution proceedings, a position later overruled). The defendant filed a second appeal and sought a stay of execution (refused). In execution proceedings the defendant objected under Section 14 of the U.P. (Temporary) Control of Rent & Eviction Act (III of 1947); the execution court allowed that objection but the lower appellate court disallowed it, giving rise to a connected execution second appeal.

After the regular second appeal was pending, on 3 July 1948 the plaintiff-respondent obtained permission from the Additional District Magistrate in terms permitting Kunwar Sen to file a civil suit for ejectment of Mohan Lal and for execution of the civil court's decree. Considerable argument in the appeal centered on the effectiveness of that permission.

Legal Issues Presented

  1. Whether the U.P. (Temporary) Control of Rent & Eviction Act (III of 1947), and specifically Section 15 of that Act, applied to a suit that had been filed before the Act came into force but which was pending when the Act commenced, and whether the landlord's obtaining permission of the District Magistrate (under Section 3) during the pendency of the suit satisfied the condition in Section 15 so as to permit a decree for eviction.
  2. Whether the notices served by the plaintiff (dated 8 December 1944 and 23 December 1944) were valid, given the tenancy commencement and the Hindi-calendar monthly tenancy alleged.
  3. Whether Section 14 of the U.P. Act III of 1947 barred execution of the decree (as contended in the execution proceedings).

Arguments of the Parties

Defendant-Appellant's Arguments

  • The U.P. Act III of 1947 applied even though it came into force after the suit was filed, and in the absence of a ground specified in any clause of Section 15 (i.e., without satisfying Section 3 requirements) no decree for ejectment could be passed.
  • The notices served by the plaintiff were invalid.
  • The permission obtained from the District Magistrate during the pendency of the appeal (rather than prior to institution) could not be relied upon under Section 15.

Plaintiff-Respondent's Arguments (as recorded)

  • Relied on earlier Bench authority (Lala Raj Narain v. Sita Ram Shri Kishen Das) interpreting Section 15 to permit a decree in suits pending on commencement of the Act where the District Magistrate's permission had been obtained, even if the ground of ejectment was outside Clauses (a)–(f) of Section 3.
  • Contended that Section 15 applies to pending suits (and appeals) and that permission obtained from the District Magistrate (in this case dated 3 July 1948) was effective to entitle him to a decree for ejectment.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Makhan Lal v. Shankar Lal, 1944 A.L.W. 591 Authority cited by the lower appellate court for the proposition that questions of arrears and ejectment could be determined only in execution proceedings. The opinion notes that the lower appellate court relied on this authority but also records that the position stated in that case has been overruled for the purposes of the present matter.
Lala Raj Narain v. Sita Ram Shri Kishen Das, 1951 A.W.R. 115 Interpretation of Section 15: where a suit for ejectment (filed prior to commencement of the Act) is based on grounds outside Clauses (a)–(f) of Section 3, a decree may be passed if the plaintiff has obtained the District Magistrate's permission. The court relied on this Bench decision to hold that Section 15 applied to the present case and that permission from the District Magistrate could validate a decree even where the ground of ejectment lay outside Clauses (a)–(f) of Section 3.
Manzoor Ali Osmani v. Lal Devi Followed the view that Section 15's reference to "suits" includes appeals and that Section 15 can be read so as to apply the requirements of Section 3 to pending suits, permitting decrees where permission has been granted. The court cited this case as supporting the proposition that the word "suits" includes appeals and that Section 15 could be applied to the present litigation, which was pending when the Act came into force.

Court's Reasoning and Analysis

The court undertook a textual and precedential analysis focused on the relationship between Section 3 and Section 15 of the U.P. (Temporary) Control of Rent & Eviction Act (III of 1947).

  1. The court observed that Section 3 requires a landlord to obtain the District Magistrate's permission before filing a suit for eviction where the Act applies prospectively. However, for suits that were already pending on the date the Act commenced, Section 15 governed. Section 15 provides that no decree for eviction shall be passed in pending suits except on one or more of the grounds mentioned in Section 3 (or, as interpreted in prior Bench decisions, where permission of the District Magistrate has been obtained).
  2. The court examined the apparent literal difficulty in applying Section 15 to a suit whose stated ground of eviction was not one of Clauses (a)–(f) of Section 3. It relied on the Bench decision in Lala Raj Narain v. Sita Ram Shri Kishen Das which interpreted Section 15 to allow a decree in pending suits on grounds outside (a)–(f) provided the District Magistrate's permission had been obtained.
  3. The court noted that subsequent authority (Manzoor Ali Osmani v. Lal Devi) confirmed that the term “suits” in Section 15 includes appeals, so the present litigation was properly treated as a pending suit when the Act commenced.
  4. The court distinguished Section 3 and Section 15 by reference to their language and purpose: Section 3’s requirement that "no suit shall, without the permission of the District Magistrate, be filed" makes sense for suits filed after the Act's commencement; Section 15’s provision that "no decree for eviction shall be passed" indicates that, for pending suits, the condition is antecedent to passing a decree rather than to filing. Therefore, the permission required by Section 15 is a condition precedent to passing a decree, not to filing the suit.
  5. On the point whether permission must precede institution of the suit, the court rejected the submission that permission must have been obtained prior to filing. The court held that, given Section 15's language and the prior Bench rulings, permission obtained during the pendency of the suit (in this case, permission dated 3 July 1948) could be effective to satisfy the condition in Section 15 and permit a decree.
  6. Regarding the validity of the notices, the court accepted the agreed factual position that the tenancy commenced on the 1st of each Hindi month. The plaintiff required vacation on the 1st day of the month following the month in which the notice was given, so the notice expired with the end of that month of tenancy. The plaintiff further allowed the defendant to vacate on the specific Hindi calendar day the defendant believed to be the date of expiry. On those facts the court held the notices were valid.
  7. Concerning the execution second appeal and the objection based on Section 14 of the U.P. Act III of 1947, the court held that having found Section 15 applicable to the case, Section 14 did not apply to prevent execution; consequently the appellant's failure on the regular second appeal meant the execution second appeal also failed.

Holding and Implications

Holding: Both appeals are dismissed with costs.

Implications (direct consequences as recorded in the opinion):

  • The permission obtained from the Additional District Magistrate on 3 July 1948 was held to be effective to entitle the plaintiff to a decree for eviction under Section 15 of the U.P. Act III of 1947.
  • The notices dated 8 December 1944 (and the rectifying notice of 23 December 1944) were held to be valid given the agreed monthly tenancy commencing on the 1st day of each Hindi month and the manner in which the plaintiff required vacation.
  • Because Section 15 was applicable, Section 14 of the Act did not prevent execution; the failure of the regular second appeal necessarily resulted in the failure of the execution second appeal.
  • The court granted leave to appeal to a Bench.

The opinion does not discuss broader doctrinal consequences beyond these determinations nor does it state that it establishes a novel precedent beyond applying existing Bench decisions to the facts before it; its holding is addressed to the parties and the execution proceedings in this litigation.

    L. Mohan Lal v. L. Kunwar Sen

    Mushtaq Ahmad, J.:— The appeal first mentioned was filed by the defendant in a suit for ejectment and arrears of rent regarding a shop together with some rooms on the first floor. There was originally a lease granted by the plaintiff-respondent to the defendant on April 27, 1938 for one year. It was provided in the lease that the rent shall be paid from month to month according to the Hindi callendar and that the tenancy was to begin from Baisakh Badi 1, Sambat 1995. Prior to the suit, the plaintiff had served a notice dated December 8, 1944 on the defendant, demanding arrears of rent and also the vacation of the premises. Subsequently another notice was sent on December 23, 1944, in which a certain error in the earlier notice with regard to the real date of the commencement of the lease was sought to be rectified.

    2. It may be mentioned at once that, in paragraph 1 of the plaint, the plaintiff had alleged that the monthly tenancy, meaning of course the tenancy at will that had come into existence after the expiry of the period covered by the written lease of April 27, 1938, commenced on the 1st of each Hindi month. This was admitted in the corresponding paragraph of the written statement. There was, therefore, no doubt on the question, and this indeed is the finding of the lower appellate court also, that the tenancy began on the 1st of each Hindi month. The defence taken was that, although the tenancy alleged by the plaintiff was a fact, there had been no default in payment of rent as the defendant had tried to make such payment in various ways, the same not being accepted by the defendant, that the notices given by the plaintiff were invalid and that the defendant was not liable to be ejected in view of the protection afforded by the Defence of India Rules.

    3. The trial court decreed the suit in the terms of the relief on May 26, 1945, holding that the arrears had been proved, that the notices served by the plaintiff were valid and that the orders of the District Magistrate under the Defence of India Rules did not affect the present suit.

    4. On appeal by the defendant, this decree was affirmed by the lower appellate court, although the learned Civil Judge remarked that the question of the arrears and the question of the defendant's ejectment could be determined only in the execution proceedings. That was on the authority of the case in Makhan Lal v. Shankar Lal 1944 A.L.W 591. since overruled.

    5. The defendant then filed the present second appeal and applied for stay of execution of the decree for ejectment, as an application for such execution had been made by the respondent in the trial court. The prater for stay was refused. Then the defendant filed an objection to the application for execution on the ground of Section 14 of the U.P (Temporary) Control of Rent & Eviction Act III of 1947. That objection was allowed by the execution court but disallowed by the lower appellate court. The connected execution second appeal has arisen out of the order of the latter court.

    6. After the regular second appeal had been filed in this Court, the plaintiff-respondent, on July 3, 1948, obtained a permission from the Additional District Magistrate in the following terms:—

    I, therefore, permit Kunwar Sen to file a civil suit for the ejectment of Mohan Lal if necessary and also for the execution of the civil court's decree for ejectment if required.

    7. Considerable argument has turned in this case on the question of the effectiveness of this permission, a matter with which I shall deal hereafter.

    8. Mr. S.B.L Gaur, learned counsel for the defendant-appellant, has raised in the main two points (1) that the aforesaid Act III of 1947 applied to the present case, although it came into force after the suit had been filed and that, therefore, in the absence of a ground mentioned in any one of the various clauses of Section 15 of the Act, there could be no question of ejectment at all and (2) the notices served by the plaintiff were invalid and for this reason also no decree for ejectment should have been passed.

    9. As regards the first point, as we know, the U.P Act III of 1947 came into force on the 1st October, 1946, as provided by Section 1(3) of the same, although it was published later on the 1st March, 1947. The suit giving rise to the appeal had been filed much earlier on the 10th January, 1945. The argument of the learned counsel for the appellant is that, unless this suit, though filed at a time when the Act was not in existence, satisfied the conditions enjoined by the Act, a decree for ejectment could not be passed. On the face of it the argument appears to be strange, for it is not intelligible how a plaintiff can be refused relief merely because he had not done something prior to his suit, which he had never been required by any law to do, and this only because some law had later on been enacted which required him to do that particular thing. The argument was based on the explicit provisions of Section 3 of the Act. That section no doubt requires the landlord to obtain the permission of the District Magistrate before he files his suit for ejectment. Obviously the section would apply where the suit has to be filed after the Act has come into force. To suits pending on the date of the commencement of the Act, however, the rule contained in Section 15 of the Act would apply. This latter section expressly provides that, in suits pending on the date of the commencement of the Act, no decree for eviction shall be passed except on one or more of the grounds mentioned in Section 3. Ex facie, it may be argued that the section, being confined only to the grounds mentioned in Section 3, excludes and has nothing to do with a suit based on grounds other than those mentioned in that section, and it was on this interpretation of Section 15 that the learned counsel for the defendant-appellant argued that the section could not help the plaintiff-respondent who had sued for the defendant's eviction on a ground other than those mentioned in Section 3. Learned counsel for the latter, however, relied on the authority of the Bench decision of this Court in Lala Raj Narain v. Sita Ram Shri Kishen Das 1951 A.W.R 115. to which I was a party, and contended that the present case is governed by Section 15. In that case Section 15 was interpreted to mean that, where a suit for ejectment on a ground other than those mentioned in Clauses (a) to (f) of Section 3 of the said Act, had been filed prior to the commencement of the Act a decree could no doubt be passed if the plaintiff had obtained the permission of the District Magistrate. On this point the following passage occurs in the judgment of the Bench:—

    This Amendment Act (44 of 1948) attempts to make it clear that, if any of the grounds (a) to (f) exists, then a suit for ejectment of a tenant can be filled, and it is not necessary to go to the District Magistrate for his permission. There being no other provision restricting the right to file suits for ejectment in the U.P (Temporary) Control of Rent and Eviction Act (III of 1947) a suit for ejectment need not be confined to grounds (a) to (f), provided the permission of the District Magistrate has been obtained. The result of interpreting Section 15 differently is that we get this anomally that, while in all suits pending on the date when the Act came into force, the orders of ejectment could be passed only on the restricted grounds mentioned in Clauses (a) to (f) of Section 3, in suits filed after the Act came into force the tenant could be ejected on any grounds whatsoever, provided the permission of the District Magistrate had been obtained. Reading the two sections together we are inclined to the view that Section 15 was intended to mean that the provisions of Section 3 would be applicable to all pending suits and that a tenant could be ejected on grounds (a) to (f) without the permission of the District Magistrate, but that in a case where the permission of the District Magistrate was obtained, he could be ejected on any ground.

    10. This view was followed in a latter Bench case in Manzoor Ali Osmani v. Lal Devi.3 The word ‘suits’ in Section 15 of the Act, it is now settled, includes appeals, and so far as the present litigation is concerned it would be perfectly correct to say that the suit was pending when the Act in question came into force. There would, therefore, be no difficulty in applying the earlier part of Section 15 to this case. Nor would there be any difficulty in this behalf on the ground that the section, as it reads, confines itself only to “one or more of the grounds mentioned in Section 3,” as in the two cases just mentioned it has been held that the section would apply where the landlord was seeking the tenant's ejectment on a ground outside Clauses (a) to (f) of Section 3 and he had been granted a permission by the District Magistrate to obtain such a relief.

    11. Mr. S.B.L Gaur, on behalf of the defendant-appellant, however, contended that the permission in this case, having been obtained by the plaintiff-respondent during the pendency of this appeal and not prior to his filing the suit, cannot stand him under Section 15 of the said Act. He pointed out that the permission relied upon by the landlord in both the cases referred to above had been obtained prior to the institution and not during the pendency of the suit. That undoubtedly is a fact, but I do not consider that this was the ratio decidendi of the judgments in those cases. In the first place, if the word ‘suits’ in Section 15 includes ‘appeals’ as already held by this Court, so that the suit in this case was pending on the date of the commencement of the Act, and if, as held in the two cases mentioned above, a decree for eviction can be passed in such case even on a ground outside Clauses (a) to (f) of Section 3 if the landlord has obtained the permission of the District Magistrate, it must necessarily follow that the permission may be of a date subsequent to the institution of the suit. In the second place, the language of the section itself, unlike that of Section 3, explicitly shows that the existence of a ground under any one of the aforesaid clauses or, as held in those rulings, of the permission of the District Magistrate is a condition precedent not to the institution of a suit but to the passing of a decree for eviction. In contradistinction to the words “no suit shall, without the permission of the District Magistrate, be filed in any civil court” in Section 3, we have in Section 15 the words “no decree for eviction shall be passed.” Indeed, the said words in Section 3, would have carried no meaning if repeated in Section 15 of the Act, and the Legislature in the latter section, therefore, only required a certain circumstance to exist before a decree for eviction could be passed. On the bare language of Section 15 that circumstance was the existence of “one or more of the grounds mentioned in Section 3” and, under the two Bench decisions referred to above, it could also be a permission of the District Magistrate on a ground other than those grounds.

    12. In support of his contention that the permission of the District Magistrate must precede the filing of the suit learned counsel for the appellant called my attention to the decision (not yet reported) of a learned Judge of this Court in Second Appeal No. 664 of 1948 dated the 25th January, 1951. That was a case expressly under Section 3, in which the suit, unlike the present case, had been filed after and not before the commencement of the Act. There was, therefore, no question of applying Section 15 in that case, and as such the ruling is on the face of it distinguishable. Considering every aspect of the matter I am positively of the opinion that the permission obtained by the plaintiff in this case from the District Magistrate on July 3, 1948 was quite effective to entitle him to a decree.

    13. As regards the second point raised by the learned counsel for the appellant relating to the invalidity of the notice, the position is much simpler. As already mentioned, both the parties are agreed that the tenancy commenced on the 1st day of each Hindi month. The plaintiff had required the defendant to vacate the premises on the 1st day of the month following the month in which the notice was given. As such, the notice expired with the end of the month of the tenancy. As a further precaution the plaintiff had allowed the defendant to vacate the premises on such day of the Hindi calendar month as the latter himself believed to be the date on which the tenancy expired. In such circumstances, I must hold that the notices given by the plaintiff were perfectly valid. Indeed, in the present context, much of the enthusiasm with which the argument on this point had commenced gradually abated.

    14. As regards the execution second appeal, the appellant's objection, as I have already said, was based on Section 14 of the U.P Act III of 1947. Having held that Section 15 applied to the case, I cannot possibly hold that Section 14 applied. The failure of the regular second appeal must entail the failure of the execution second appeal.

    15. For these reasons, I dismiss both the appeals with costs. Leave to appeal to a Bench is granted.

    16. Appeals dismissed.

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    Comments

    L. Mohan Lal v. L. Kunwar Sen
    (Oct 26, 1951)