TMI Blog1964 (11) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... llant paid a sum of ₹ 7,500 as advance rent for one year. There was a tube well on the land and one of the terms of the lease was that the Raja would put the tube well into working order and the lease was to commence on the day this was done. The tube well was repaired on July 11, 1951 and the lease is said to have commenced on that day. According to the appellant the tube well did not deliver the right quantity of water and that led to certain disputes. The appellant did not pay rent for the subsequent years. On August 15, 1952 the Raja filed a suit for recovery of ₹ 7,500 as rent for Rabi and Kharif, 1951. He claimed that ₹ 7,500 paid to him was to be retained as deposit to be adjusted towards the final payment. The appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber 10, 1956 under s. 14-A(1) for the eviction of the appellant on the ground inter alia that he had failed to pay rent regularly without sufficient cause. Under s. 14-A(1) the application for eviction lay before an Assistant Collector, First Grade, while under s. 14-A(ii) the application for recovery of arrears of rent (to which category belonged the revised application dated October 8, 1956, which we have mentioned before) lay before an Assistant Collector Second Grade. As a result the question of the eviction of the tenant on the ground that he was irregular in payment of rent was tried in one court and the recovery proceedings were tried in another court. The proceedings under s. 14- A(1) terminated in favour of the appellant on Decembe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... landowner desiring to recover arrears of rent from a tenant shall apply in writing to the Assistant Collector, Second Grade, having jurisdiction, who shall thereupon send a notice, in the form prescribed, to the tenant either to deposit the rent or value thereof, if payable in kind, or give proof of having paid it or of the fact that he is not liable to pay the whole or part of the rent, or of the fact of the landlord's refusal to receive the same or to give a receipt, within the period specified in the notice. Where, after summary determination, as provided for in sub-section (2) of section 10 of this Act, the Assistant Collector finds that the tenant has not paid or deposited the rent, he shall eject the tenant summarily and put the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... however, need not be quoted because no question about the right procedure arises here. It will be noticed that the first clause of s. 14-A is general. It enables a land-owner to apply for the eviction of his tenant on any of the grounds stated in the Act in s. 9. The second clause is designed primarily to enable the land-owner to recover arrears of rent from a tenant but the tenant may be ordered to be evicted if after the determination of the rent be does not pay it within the time fixed by the Collector. Clause (iii) enables a tenant to inform the Collector of the landlord's refusal to accept rent from him or of a demand of rent in excess of what it should be under the Act. The Rules for the determination of the value of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly. But a statute is not applied retrospectively because a part of the requisites for its action is drawn from a moment of time prior to its passing. The clause in question makes a particular conduct the -round for an application for eviction. The necessary condition for the application of s. 9 (1) (ii) may commence even before the Act came into force and past conduct which is as relevant for the clause as conduct after the coming into force of the Act, cannot be overlooked. The Tribunals were therefore right in considering conduct of the appellant prior to the coming into force of s. 14-A while determining whether the appellant was irregular in paying the rent. Mr. Iyengar next contends that as under cl. (ii) of s. 14-A the appellant was a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
