TMI Blog1969 (3) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... oan advanced by them to the respondent for constructing the house. The appellants had also agreed to pay municipal taxes and electricity charges The appellants filed suit No. 1308 of 1963 in the Court of the Small Causes, Ahammadabad, for an order, inter alia, determining the standard rent of the premises in exercise of the power under s. 11 of the Bombay Rents, Hotel and Lodging House Rates Control Act 57 of 1947. The Court of Small Causes, Ahamadabad, on an application filed by the appellants fixed the contractual rent as interim standard rent and directed the appellants to pay the rent and municipal taxes. Pursuant to this order, the appellants deposited ₹ 2,403/- as rent and ₹ 8,921.25 due as municipal taxes for the y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e issue of a distress warrant. The last branch of the argument has, therefore, no force. The relevant provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act 57 of 1947 and other statutes which have a bearing may first be noticed. Bombay Act 57 of 1947 was intended to control rents and to confer protection against eviction upon tenants of premises in certain urban -areas in the Province of Bombay. By s. 28 of the Act certain courts were designated as courts of exclusive jurisdiction to entertain and try suits and proceedings between a landlord and tenant, relating to recovery of rent or possession to which the provisions of the Act applied, and also to decide claims or questions arising under the Act. Section 28 as or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , proceedings, applications and appeals and in executing orders made by them. Section 49 authorises the State Government to make rules for the purpose of giving effect to the provisions of the Act and in particular to make rules, among other subjects, for the procedure to be followed in trying or hearing suits, proceedings (including proceedings for execution of decrees and distress warrants), applications, appeals and execution of orders. Pursuant to the authority conferred, rules were framed by the Government of Bombay and r. 5 which deal with the procedure to be followed by the Court of Small Causes, Bombay, for suits, proceedings, appeals, etc. provided insofar as it is material : In such of the following suits -and proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e extent specified in the Schedule. By s. 19 it was provided : With effect on and from the appointed day...... the Provincial Small Cause Courts Act, 1887 (IX of 1887), and all rules, notifications and orders made thereunder shall cease to apply to, or be in force, in the City of Ahmedabad, By the Schedule certain amendments were made in the Presidency Small Cause Courts Act, 1882, in its application to the City of Ahmedabad By cl. 13 of the Schedule, s. 50 of the Presidency Small Cause Courts Act was to apply to every place within the City of Ahmedabad. Certain amendments were also made in s. 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, and in subs. (1) of s. 28, before cl. (aa) the following clause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a new set of Courts, with special powers and jurisdiction is without substance. Section 28 merely confers upon the existing Courts exclusive jurisdiction in respect of matters relating to possession of premises and recovery of rent and to determine claims and questions arising under that Act. On that account it does not become a Special Court : it is a court which is competent to exercise all the powers which are conferred upon it by virtue of its constitution under the statute which governs it. The Court of Small Causes at Ahmedabad had, therefore, power to issue distress warrant and that power could be exercised even in respect of suits and proceedings which were exclusively triable by it by virtue of the Bombay Act 57 of 1947. We a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a distress warrant could be applied for under s. 53 of the Presidency Small Cause Courts Act by the respondent. It was urged that the appellants had to pay the amount of interim standard rent twice over : once when they deposited it in the Court and again when they satisfied the demand to avoid execution of the distress warrant. The landlord undoubtedly cannot obtain the amount twice over. But that does not mean that when the tenant has not made the amount available to the landlord the application for distress was not maintainable. The argument that the erroneous order passed by the Court of Small Causes preventing the landlord from recovering the amount of municipal taxes could have been got corrected by approaching the superior ..... X X X X Extracts X X X X X X X X Extracts X X X X
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