TMI Blog2003 (2) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... sor-in-interest, of the appellants (hereinafter referred to as the judgment-debtors ). Smt. Sarla Devi died on 28th January, 1980. She had executed a will dated 25th April, 1979 in favour of the decree-holder. The Decree-holder obtained the letters of administration by filing a probate case No. 41 of 1980. By virtue of the probate given in his favour the decree-holder became the owner of the suit premises. The decree-holder served a notice to quit under Section 106 of the Transfer of Property Act, 1882 on late Shri Amar Nath. Amar Nath in response to the notice to quit stated that he was not a tenant in his personal capacity and the tenant in the tenanted premises was a partnership firm M/s Pelican Paper and Stationary Mart in which he was one of the partners. Amar Nath expired on 27th January, 1982. The decree-holder filed a suit for possession and mesne profits against the judgment-debtors in the court of District Judge, Delhi stating therein that Amar Nath was the tenant of the suit premises in his individual capacity. It was alleged that the tenancy in favour of the judgment-debtors being the legal heirs of the original tenant was not heritable. Judgment-debtors were not se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il Procedure (CPC) objecting to the execution of the decree, inter alia, on the ground that commercial tenancy in the State of Delhi was heritable in view of the law declared by this Court in the case of Gian Devi Anand's case (supra) and therefore the civil court lacked the inherent jurisdiction to pass such a decree. After the death of the statutory tenant the possession of the judgment-debtors did not become unlawful and illegal. They continued to have estate in the tenanted premises which were heritable and the jurisdiction of the civil court to pass an order of ejectment was barred under Section 50 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act ). Under the Act tenancy rights of commercial premises which were heritable would devolve on the legal heirs under ordinary law of succession. Executing Court over-ruled the objections filed by the judgment- debtors holding that the executing court could not go beyond the decree which had obtained finality. The executing court could not refuse to execute the decree passed by civil court only because subsequently Supreme Court in Gian Devi Anand's case (supra) held that the commercial tenancy was heri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deceased tenant. On the question as to who would inherent the tenancy right, it was observed: In the absence of any provision regulating the right of inheritance, and the manner and extent thereof and in the absence of any condition being stipulated with regard to the devolution of tenancy rights on the heirs on the death of the tenant, the devolution of tenancy rights must necessarily be in accordance with the ordinary law of succession. In the same judgment this Court held that the landlord can seek the eviction of the tenants of the properties which were covered by the Rent Act only on the grounds specified in the Rent Act. It is not in dispute before us that to a premises to which the Rent Act applies, eviction can only be ordered by the authorities/rent controller constituted under the Rent Act and the civil courts have no jurisdiction to entertain suits for eviction of the tenants from the premises to which the Rent Act applies. Further, it is not in dispute that the owners of tenanted premises whether residential or commercial, is permitted by the Rent Controller to seek eviction of the tenant only on the grounds specified in the Rent Act. Counsel for the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e power to the Chancellor to terminate the services of a teacher only if he is satisfied that the appointment was not in accordance with the law at that time in force and since the law at that time in force, viz. On March 30, 1985 when the appellants were appointed, was the law as laid down in Bhakre case which was decided on December 7, 1984, the termination of the appellants is beyond the powers of the Chancellor. The argument can only be described as nave. It is unnecessary to point out that when the court decides that the interpretation of a particular provision as given earlier was not legal, it in effect declares that the law as it stood from the beginning was as per its decision, and that it was never the law otherwise. This being the case, since the Full Bench and now this Court has taken the view that the interpretation placed on the provisions of law by the Division Bench in Bhakre case was erroneous, it will have to be held that the appointments made by the University on March 30, 1985 pursuant to the law laid down in Bhakre case were not according to law. Hence, the termination of the services of the appellants were in compliance with the provisions of Section 57(5) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eviction against the tenant holding that he was not a tenant which decree became final. When the plea of jural relationship of landlord and tenant was negatived by the executing court the landlord filed a writ petition in the High Court in which the High Court directed the executing court to go into that question. On these facts this Court over-turning the decision of the High Court held: Shri Bhasme, the learned counsel for the respondents, contended that in view of the specific language employed in Section 85-A of the Bombay Tenancy and Agricultural Lands Act, 1948 (67 of 1948) the only competent authority that has to go into the question is the revenue authority under the Act and the civil court has no jurisdiction to go into the question whether the appellant is a tenant or not. Therefore, the High Court was right in directing the executing court to go into the question. It is rather unfortunate that the respondent has allowed the decree holding that he is not a tenant to become final. Having allowed it to become final, it is not open to him to contend that he is still a tenant under the Act and therefore the decree is a nullity. Under those circumstances, the executing cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deciding the Gian Devi Anand's case (supra) did not hold that the law declared by it would be prospective in operation. It was not for the High Court to say that the law laid down by this Court in Gian Devi Anand's case (supra) would be prospective in operation. If this is to be accepted then conflicting rules can supposedly be laid down by different High Courts regarding the applicability of the law laid down by this Court in Gian Devi Anand's case (supra) or any other case. Such a situation cannot be permitted to arise. In the absence of any direction by this Court that the rule laid down by this Court would be prospective in operation the finding recorded by the High Court that the rule laid down in Gian Devi Anand's case (supra) by this Court would be applicable to the cases arising from the date of the judgment of this Court cannot be accepted being erroneous. This Court in Sushil Kumar Mehta vs. Govind Ram Bohra 1990 (1) SCC 193 after referring to and exhaustively dealing with and following various judgments of this Court held that a decree passed by a civil court in a rent matter, the jurisdiction of which was barred by the Haryana Urban (Control of Rent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the decree being a nullity having been passed by a court lacking inherent jurisdiction could be raised in execution proceedings and the finding recorded in decree that the civil court had the jurisdiction would not operate as res judicata. It was held: Thus it is settled law that normally a decree passed by a court of competent jurisdiction, after adjudication on merits of the rights of the parties, operates as res judicata in a subsequent suit or proceedings and binds the parties or the persons claiming right, title or interest from the parties. Its validity should be assailed only in an appeal or revision as the case may be. In subsequent proceedings its validity cannot be questioned. A decree passed by a court without jurisdiction over the subject matter or on other grounds which goes to the root of its exercise or jurisdiction, lacks inherent jurisdiction. It is a coram non judice. A decree passed by such a court is a nullity and is nonest. Its invalidity can be set up whenever it is sought to be enforced or is acted upon as a foundation for a right, even at the stage of execution or in collateral proceedings. The defect of jurisdiction strikes at the authority of the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntertain any suit or proceeding in so far as it relates to the eviction of any tenant from the premises which were covered by the Delhi Rent Control Act. The civil court lacked the inherent jurisdiction to take cognizance of the cause and to pass a decree. Challenge to such a decree on the ground of nullity could be raised at any later stage including the execution proceedings. Tenancy of the building was governed by a special Act and therefore the decree passed by the civil court was a nullity and therefore inexecutable. Judgment-debtors had not filed their written statement in the civil court and no issue regarding the jurisdiction of the civil court to try the suit was framed. Tenant in the special leave petition in this Court raised the contention that the eviction decree passed by the civil court could not be executed against them. This Court refused to go into that question as it was not the subject matter of the order under appeal. It was left open to the judgment-debtors to raise this ground before the appropriate forum, if available to them under law. The only forum where the judgment-debtors could raise the objection regarding the executability of the decree was in the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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