Nandlal v. Moti Lal
Case Details & Bench
- Court
- High Court
- Hon'ble Judges
- A. C. Gupta
- P. N. Shinghal
- Judgment Date
- 1977-08-01
- Court Decision / Holding
- The appeal is allowed. The High Court’s judgment is set aside, and the decree of the Court of First Appeal dismissing the plaintiff’s suit is restored with costs throughout.
- Final Disposition
- Appeal allowed; the High Court’s decision reversed; the first appellate decree restoring the plaintiff’s suit is reinstated with costs.
Parties to the Case
Appellants / Petitioners
- Moti Lal and others
Respondents
- Nandlal and others
Legal Representation & Advocates
Counsels for Petitioners
- • N. M. Ghatate
Counsels for Respondents
- • S. N. Khardekar
- • A. G. Ratnaparkhi
Case Synopsis & Summary
This judgment addresses whether clause 13 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 (Rent Control Order) can be invoked in a suit for eviction against defendants from premises in Thiroda, within the jurisdiction of the Tiroda Municipality. The plaintiff-respondent, Nandlal, sought eviction of the defendants-appellants, but alleged no prior permission of the Controller under clause 13 was obtained. The Rent Control Order was issued on July 26, 1949, and a concurrent notification under section 2 of the Central Provinces and Berar Regulation of Letting of Accommodation Act, 1946 directed Chapter I to apply statewide while Chapters II and IV extended to all municipalities. Thiroda was declared a municipality on June 12, 1956, after the notification. The Bombay High Court held that no fresh notification extending the Rent Control Order to Thiroda could be read automatically, and thus clause 13 did not apply. The Supreme Court, however, held that the wording of the 1949 notification clearly extended Chapters II and IV to all municipalities in the State, and, since Thiroda became a municipality in 1956, those provisions became applicable from that date. Therefore, the protection of clause 13 was available to the appellants, the appeal was allowed, the High Court judgment set aside, and the first appellate decree restoring the plaintiff’s suit was reinstated with costs.
Provisions of Law Cited
Legal Doctrines & Maxims
- Plain meaning rule
- Literal interpretation of statutes
Submissions & Arguments
Contentions of Appellants / Petitioners
The applicants contended that the Rent Control Order’s Chapters II and IV extended to all municipalities only by virtue of the status of municipalities existing at the time of the 1949 notification. Since Thiroda was not a municipality then, no automatic extension could occur to it without a fresh notification under Section 2. They urged that, in absence of such fresh notification, Clause 13 could not be invoked against the defendants, and the plaintiff’s suit for eviction should fail for want of previous permission.
Contentions of Respondents
The respondents argued that the 1949 notification, directing Chapters II and IV to extend to all municipalities, would automatically apply to any municipality formed subsequently within the State. They contended that Thiroda’s later incorporation as a municipality brought it within the reach of the Rent Control Order from the date of its incorporation, obviating the need for a fresh notification under Section 2.
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Extracted Judgment Text
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