TMI Blog1981 (1) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... of this Act because the same had been built in the year 1969. The arrears of rent along with interest at the rate of 12 per cent per annum were claimed at ₹ 5,216.66. The landlord also asserted that he had sent notices under Section 106 of the Transfer of Property Act and the one meant for Lekh Raj (now deceased) was not accepted by him and the one meant for Shanti Narain Appellant had been served upon him. 3. During the pendency of the litigation, Lekh Raj passed away and his legal representatives were brought on record. They, however, did not contest the claim of the landlord. Shanti Narain Appellant alone contested the suit. In the written statement filed by him, he agreed to have executed the rent note, but asserted that the agreed rent was ₹ 2,200 per annum which had been paid up to March 31, 1972. He denied having received any notice under Section 106 of the Transfer of Property Act. According to him, the rent restriction laws applied to the case and civil court had no jurisdiction to entertain the suit for ejectment. 4. The learned trial Judge found on all the points against the Appellant but he allowed interest on the arrears of rent only at the rate of 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t title and extent: 1. This Act may be called the Haryana Urban (Control of Rent and Eviction) Act, 1973. 2. It shall extend to all urban areas in Haryana but nothing herein contained shall apply to any cantonment area. 3. Nothing in this Act shall apply to-- (i) any residential building the construction of which is completed on or after the commencement of this Act for a period of ten years from the date of its completion. (ii) any non-residential building construction of which is completed after the 31st March, 1962; (iii) any rented land let out on or after 31st March, 1962. Section 3--Exemptions: The State Government may direct that all or any of the provisions of this Act shall not apply to any particular building or rented land or to any class of buildings or rented lands. Section 24--Repeal and Savings: 1. The East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act No. 3 of 1949), is hereby repealed: Provided that such repeal shall not affect any proceedings pending or order passed immediately before the commencement of this Act, which shall be continued and disposed of or enforced as if the said Act had! not been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... construction of which is completed on or after the commencement of this Act for a period of ten years from the date of its completion. 10. The words shall be substituted and shall always be deemed to have been substituted imply that the new provision would have to be read as if it had been enacted at the time when the new Act, i.e., Act No. 11 of 1973, was brought on the statute book. This matter admits of no doubt and has been finally set at rest by their Lordships of the Supreme Court in State of Bombay v. Pandurang Vinayak and Ors. A.I.R. 1953 S.C. 244, wherein it was held-- When a statute enacts that something shall be deemed to have been done, which in fact and truth was not done, the Court is entitled and bound to ascertain for what purposes and between what persons the statutory fiction is to be resorted to and full effect must be given to the statutory fiction and it should be carried to its logical conclusion. (Vide Lord Justice James in ex parte Walton) In re Levy 17 Ch. D. 748. If the purpose of the statutory fiction mentioned in Section 15 is kept in view, then it follows that the purpose of that fiction would be completely defeated if the notification was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alid place of law. 13. Faced with this situation, the learned Counsel for the Appellant submitted that the notification was inconsistent with the provisions of the new Act inasmuch as the latter exempted only the buildings constructed after it came into force and purposely did not make any mention about the buildings constructed earlier. We are not impressed with this argument either. A reading of Section 1 of the new Act shows that primarily the Act was made applicable to all urban areas excluding the cantonment areas, but special type of buildings were expressly excluded by the Legislature from the field of operation of the Act. At the same time, the Legislature authorised the Government by enacting Section 3 to exclude from the operation of the Act, any class of rented lands or buildings. Thus, the scheme of this section and that of Section 3 shows that the Legislature itself kept some buildings out of the control of the Act and also authorised the State Government to achieve the same result by issuing a notification. It cannot possibly be contended that there is some inconsistency in these two provisions. The Legislature thought that it would be advisable to clothe the Gover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o by to the principle enunciated by the Supreme Court in Pandurang Vmayak's case (supra), relating to the manner in which a deeming provision is to be interpreted. When a statute is repealed and the repeal is followed by a fresh legislation on the subject, the provision of the new act have to be looked at in the manner indicated by the Supreme Court of India in Jayantilal Amratlal v. The Union of India and Ors. A.I.R. 1971 S.C. 1198, wherein it was laid down: In order to see whether the rights and liabilities under the repealed law have been put an end to by the new enactment, the proper approach is not to enquire if the new enactment has by its new provisions kept alive the rights and liabilities under the repealed law but whether it has taken away those rights and liabilities. The absence of a saving clause in a new enactment preserving the rights and liabilities under the repealed law is neither material nor decisive of the question. 15. The new Act does not expressly lay down anything which has the effect of annulling notifications issued under the old Act. On the other hand, there is a specific provision incorporated in it in the form of Section 24(2) which, keep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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