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Nandlal v. Moti Lal

Case / Petition Number:Civil Appeal No. 1139 of 1975
Neutral Citation:(1978) 1 SCR 239

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

Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, Chapter II, Clause 13Central Provinces and Berar Regulation of Letting of Accommodation Act, 1946, s. 2Rent Control Order, 1949Chapter I, II, IV of the Rent Control OrderNotification under section 2 dated July 26, 1949Notification declaring Thiroda a Municipality dated June 12, 1956

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

Exact text extracted from official judgment records.

**A** **B** ### c **D** E **F** **G** **H** 238 NANDLAL AND OTHERS _v._ MOTI LAL _August_ 1, 1977 (A. C. GUPTA _AND_ P. N. SHINGHAL, JJ.] _**The Central Provinces and Berar Letting**_ _**of Houses and Rent Control Order,**_ **1949,** ~haJJ.fer _**II, Clause**_ **13,** _**applicdfion to**_ _**munic!"pality**_ _**constituted subsequent**_ _**to**_ _**notification dated July**_ **26,** **1949,** _**whether requires**_ _**fresh**_ _**NotifictUion u/s.**_ **2** _of the C.P. and Berar Regulation_ _of Letting_ _of_ _Accommodation Act,_ 1946. The plaintiff-respondent filed a suit for evicting the defendants-appellants **from** **the** **suit** **premISes** **situated** **within** **the** **limits** **of Tirodha Municipality.** **The** **maintainability of the suit was** **challenged** **on** **the** **ground** **that previous** **permission** of the Controller was not taken u/s. 8 ofthe C.P. and Berar Regulation of Letting **of Accommodation Act, 1946. The Court of First Appeal, dismissed** **the** **suit, but** in appeal the High Court held that the Notification dated July 26, 1949, applied **only to the Municipalities existing on that date,** **and** **that as no fresh Notification** **extending the benefits** **of the Rent Control** **Order** **to the subsequently constituted** **Tirodha Municipality, was issued, the protection of cl.** **13** **was** **not available to** the appellants. Allowing the appeal by special leave, the Court, HELD : The wordings of the notification dated July 26, 1949, provide that **Chapter II** **of** **the Rent Control** **Order** **extends to** **"all** **the Municipalities"** **in** **the** **State.** **No** **fresh notification** **was** **therefore necessary to extend the benefit of the** **Rent Control** **Order** **to a subsequently constituted Municipality.** **Tirodha was** **constituted** **as** **a Municipality on** **June** **12, 1956,** **and** **the provisions** **of** **Chapter** **ll** **became applicable to** **it** **from** **that** **date.** **f239E-F1** CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1139 of 1975. Appeal by Special Leave from the Judgment and Order dated 16-12-1974 of the Bombay High Court (Nagpur Bench) at Nagpur in S.A. No. _195165._ _(Dr.)_ _N._ _M._ _Ghatate._ for the Appellants. _S._ _N. Khardekar_ and _A._ G. _Ratnaparkhi,_ for the Respondent. The Judgment of the Court was delivered by SHINGHAL J.-lu this appeal by special leave against the judgment of the Bombay High Court (Nagpur Bench) dated December 16, 1974, the only question which has been raised for our consideration is whether the provisions of clause 13 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, hereinafter referred to as the Rent Control Order, were applicable to the plaintiff-respondent's suit for the eviction of the defendants-appellants from the house and _ota_ situated in Thiroda. That clause forms part of Chapter II and prohibits the determining of a lease without the previous written permission of the Controller. The Rent Control Order was issued on July 26, 1949. The State Government issued, at the same time, a notification under section 2. of the Central Provinces and Berar Regulation of Letting of Accommodation Act, 1946, hereinafter referred to as the Act, directing, NANDLAL _V._ MOTi LAL _(Shinghal,_ /,) 2.39 _inter_ _alia,_ that Chapter I of the Rent Control Order shall extend to A the whole of the Central Provinces and Berar (and the States integrated with the Central Provinces and Berar), and Chapter II and IV shall extend to, "(a) All the Municipalities in the Central Provinces and Berar and the States integrated with the Central Provinces and Bcrar." S The area of Tiroda was declared to be a Municipality by a notification dated June 12, 1956, and was not a Municipality when the afore&aid notification was issued under section 2 of the Act. The plaintiff raised a suit for the eviction of the defendants from the snit premises on May 2, 1963, without obtaining the Controller's C permission under clause 13 of the Rent Control Order. The short point of controversy is whether the notification dated June 12, 1956 declaring Tiroda to be a Municipality could attract the provisions of the Rent Control Order by virtue of the notification dated July 26, 1949. The High Court has taken the view that as a fresh notification was not issued under section 2 of the Act when th<l Tiroda Municipality was constituted on June 12, 1956, the provisions of the Rent Con- D trol Order did not "automatically become applicable to premises within the limits of a new Municipality by virtue of the notification of 1949". ## ) The validity of the notification which was issued on July 26, 1949, under 'section 2 of the Act, has not been challenged before us, so that there can be no doubt that while Chapter I became applicable to the whole of the Central Provinces and Berar and the integrated Statei, Chapters II and IV became applicable to all Municipalities in that State with effect from that date. Tiroda was not a Municipality at that time and did not come within the purview of the notification, But it became a Municipality on June 12, 1956 and the notification became applicable to it from that date. We therefore see no justification for the argument that the notificationi was confined to those Municipalities which were in existence on July 26, 1949, and that a fresh notification was necessary to extend the benefit of the Rent Control Order to a subsequently constituted Municipality. There is nothing in the wordings of the notification to justify any such argument On the other hand, the wordings of the notification are quite unambigous and there is no reason why they should not be given their simple and natural meaning. They clearly provide that Chapters II and IV of the Rent Contra) Order extend to "all the Municipalities" in the State, As Tiroda was constituted as a Municipality on June 12, 1956, the provi'sions of those chapters became applicable to it from that date. We are unable to agree with the view taken by the High Court that the protection of clause 13 of the Rent Control Order was not available to the appellants. As they raised a defence against the maintainability of the suit on the ground that previous permission of the Controller was not taken by the respondent, the High Court clearly erred in rejecting that defence and in setting aside the judgment of the Court of first appeal by which the plaintiff's snit was dismissed. G H 240 SUPREME COURT REPORTS [1978) 1 S.C.R. A The appeal is allowed, the impugned judgment of the High Court dated December 16, 1974 is set aside, and the decree of the Court of first appeal dismissing the plaintiff's suit is restored with costs throughout. B M.R. _Appeal allowed._ \ #,