Case Note & Summary
The respondent/plaintiff filed a suit for recovery of Rs. 5,200 towards arrears of rent, damages, and possession of the suit house against the appellant/defendant, who was a tenant. The plaintiff alleged that the tenant was in arrears of rent, and the tenancy was determined by a notice served on 5th April 1982. The suit was filed on 3rd November 1982. The Trial Court decreed the suit, and the Appellate Court dismissed the defendant's appeal, confirming the decree. The defendant then filed a second appeal, which was admitted on 21st August 1990 on a substantial question of law: whether Section 15(1) of the Hyderabad Rent Act bars eviction of the appellant even in execution of a decree of a civil court, given that the provisions of the Hyderabad Rent Act became applicable to the area (CIDCO) during the pendency of the suit (on 3rd December 1982). The appellant's counsel argued that since the CIDCO area was brought within the municipal limits of Aurangabad on 3rd December 1982, the Hyderabad Rent Act applied, and Section 15(1) barred eviction. The Court, however, held that the bar under Section 15(1) applies only to suits or proceedings for eviction filed after the Act comes into force, and not to decrees already passed by a civil court before the Act's extension. The concurrent findings of the courts below were upheld, and the second appeal was dismissed.
Headnote
A) Rent Control - Eviction - Section 15(1) Hyderabad Rent Act - Applicability During Pendency - The substantial question of law was whether Section 15(1) of the Hyderabad Rent Act bars eviction of a tenant even in execution of a decree of a civil court when the Act was extended to the area during the pendency of the suit. The Court held that the bar under Section 15(1) applies only to suits or proceedings for eviction filed after the Act comes into force, and not to decrees already passed by a civil court before the Act's extension. The concurrent findings of the courts below were upheld. (Paras 2-3)
Issue of Consideration
Whether Section 15(1) of the Hyderabad Rent Act bars eviction of a tenant in execution of a decree passed by a civil court when the Act was extended to the area during the pendency of the suit.
Final Decision
The second appeal is dismissed. The concurrent findings of the courts below are upheld.
Law Points
- Hyderabad Rent Act
- Section 15(1)
- applicability during pendency of suit
- bar on eviction in execution of civil court decree
- interpretation of 'suit or proceeding'
