Jai Singh Jairam Tyagi Vs. Mamanchand
Ratilal Agarwal & Ors [1980] INSC 58 (28 March 1980)
REDDY, O. CHINNAPPA (J) REDDY, O. CHINNAPPA
(J) KRISHNAIYER, V.R.
CITATION: 1980 AIR 1201 1980 SCR (3) 224 1980
SCC (3) 162
CITATOR INFO :
R 1982 SC 149 (247) R 1987 SC 222 (8,13) R
1989 SC1708 (18) F 1991 SC 855 (46)
ACT:
The Cantonments (Extension of Rent Control
Laws) Act, 1957 as amended retrospectively by Amending Act 22 of 1972- Effect
of the provisions of the Amending Act-Whether a compromise decree passed in
1967 before the amendment is saved by the Amending Act.
Doctrine of Res Judicata-Compromise decree
declared nullity by the Executing Court as the Bombay Rents, Hotel and Lodging
House Rates Control Act, 1947 had no application to buildings in Cantonment
area-All decrees validated by Amending Act 22 of 1967-whether earlier decision
of the Executive Court bars further execution suit on the ground of res
judicata.
HEADNOTE:
The respondents in Civil Appeal No. 708/78
Mamanchand Ratilal Agarwal and others, who are the landlords of premises
bearing door No. 16 in Nawa Bazar Area Kirkee Cantonment, filed a civil suit
No. 17,0 of 1964 against the Appellant-tenant for recovery of possession and
arrears of rent under the provisions of Bombay Rents, Hotel and Lodging House
Rates Control Act, 1947. The suit was decreed. There was an appeal by the
tenant. It resulted in a com promise decree dated July 12, 1967 by which some
time was given to the tenant to vacate the premises.
On April 29, 1969, in the case of Indu
Bhushan Bose v. Rama Sundari Devi and Anr. [1970] 1 S.C.R. 443, this Court held
that Parliament alone had and the State Legislature did not have the necessary
competence to make a law in regard to the "regulation of house
accommodation in Cantonment Areas." The expression "regulation of
house accommodation" was interpreted as not to be confined to allotment
only but as extending to other incidents, such as termination of existing
tenancies and eviction of persons in possession of house accommodation etc. To
get over the situation created by the said decision, on December 29, 1969, the
Central Government issued a notification under section 3 of the Cantonment
(Extension of Rent Control Laws) Act, 1957 extending the pro visions of the
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, to the Kirkee
and other cantonment areas. In June 2, 1972, the Parliament also enacted Act 22
of 1972 amending the Cantonment (Extension of Rent Control laws) Act 1957,
purporting to enable the Central Government to make the Rent Control Laws in
the several States applicable to Cantonment areas from dates anterior to the dates
of notification and further purporting to validate certain pre-existing
decrees. In the meanwhile, taking advantage of the decision in the case of Indu
Bhushan Bose v. Rama Sundari Devi and Anr., the appellant-tenant filed
Miscellaneous Application No. 597/70 for a declaration that the decree obtained
against him was a nullity and incapable of being executed. This application was
allowed by the Court on November, 19, 1971. But, after the enactment of Act 22
of 1972, on January 11, 1973 the landlords filed Darkhast No. 104 of 1973 to
execute the decree in their favour. The appellant-tenant raised three
objections, namely, (i) subsequent to the compromise decree there was a 225
fresh agreement of lease between the landlords and himself;
(ii) the provisions of the amending Act 22 of
1972 were not extensive enough to save the decree dated July 12, 1967;
,(iii) in any case, the decision in
Miscellaneous Application No. 597/70 holding the decree to be a nullity
operated as res judicata between the parties. The first objection was left open
by all the Courts for future adjudication, as the landlord denied the existence
of any fresh agreement. The second and third objections alone were considered.
In the judgment under appeal, the High Court overruled them and hence this
appeal by special leave and two other similar appeals.
Dismissing the appeals the Court, HELD:
1. In Indu Bhushan Bose v. Rama Sundari and
Anr., [1970 ] 1 S.C.R. 443, the Supreme Court agreed with the view of the
Calcutta and Rajasthan High Courts and held that the power of the State
Legislature to legislate in respect of landlord and tenant of buildings was to
be found not in Entry 18 of the List II, but in Entries 6, 7 and 13 of List III
of the Seventh Schedule to the Constitution and that such power was
circumscribed by the exclusive power of Parliament to legislate on the same
subject under Entry 3 of List I. But even before this decision Parliament took
the view of the Calcutta Rajasthan High, Courts as the correct view and
proceeded to enact the Cantonment (Extension of Rent control Laws) Act, 1957,
by section 3 of which the Central Government was enabled, by notification in
the official Gazette to extend to any cantonment with such restrictions and
modifications as it thought fit, any enactment relating to the control of rent
and regulation of house accommodation which was in force on the date of the
notification in the State in which the Cantonment was situated. Though this Act
came into force on December 18, 1957, no notification was issued extending the
provisions of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947,
to Kirkee and other Cantonment areas within the State of Bombay until 1969.
Apparently such a notification was thought unnecessary in view of the fact that
the Bombay Act was supposed to operate within the said Cantonment areas because
of the consistent view taken by the Bombay High Court regarding the
applicability of the Bombay Act to such areas. In view of the Supreme Court
decision in Indu Bhushan's case, it became necessary that a notification under
section 3 of the Cantonment (Extension of Rent Control Laws) Act, 1957, should
be issued. It was accordingly done on December 29, 1969. But it was realised
that the entire problem was not thereby solved since all such notifications as
the one issued on December 29, 1969 could only be prospective and could not
save decrees which had already been passed. Therefore, Amending Act 22 of 1972
was enacted for the express purpose of saving decree which had already been passed.
By section 2 of the Amending Act of 1972 the Principal Act of 1957 was itself
deemed to have come into force on January 26, 1950. Original Section 3 was
renumbered as subsection 1 and the words "on the date of the
notification" were omitted and "were deemed always to have been
omitted." [229 B-G & 230 C-D]
2. Under section 3 of the unamended Act,
1957, a notification could be issued extending a State Legislation to a
Cantonment area with effect from the date of notification. As a result of the
introduction of sub-section 2 of section 3 the notification can be given effect
from an anterior date or a future late but it cannot be made effective from a
date earlier than the commencement 226 of the State Legislation or the
establishment of the Cantonment or the commencement of the Cantonment
(Extension of Rent Control Laws) Act, 1957. Sub-section 3 is merely
consequential to sub-section 2, in that it provides that a State Legislation
when extended to a Cantonment area with effect from the date of the notification
from an anterior date, such legislation is to stand extended with all the
amendments to such State Legislation made after such anterior date but before
the commencement of the 1972 Amending Act, the amendments being applicable as
and when they come into force. Sub-s. 4 makes provision for the saving of
decrees or orders for the regulation of or for eviction from any house
accommodation in a Cantonment made before the extension of the State
Legislation to the Cantonment provided certain conditions are fulfilled. One
condition is that the decree or order must have been made by any Court,
Tribunal or other authority in accordance with a law for the control of rent
and regulation of house accommodation for the time being in force in the State
in which such Cantonment is situated. In other words the decree or order must
have been made by the wrong application of the State Legislation to the
Cantonment area. If a decree or order has been made by such wrong application
of the State Legislation to the Cantonment area it shall be deemed, with enact
from the date of the notification to have been properly made under the relevant
provisions of the State Legislation. 1231 A-H, 232 A-BI
3. The applicability of sub-section 4 cannot
be confined to cases where notifications are issued with retrospective effect
under sub-section 2. Sub section 4 is not so confined. It applies to all cases
of decrees or orders made before the extension of a State Legislation to a
Cantonment area irrespective of the question whether such extension is
retrospective or not. The essential condition to be fulfilled is that the
decree or order must have been made as if the State Legislation was already in
force, although. strictly speaking, it was not so in force.
Subsection 4 is wide enough to save all
decrees and orders made by the wrong application of State rent control and
house accommodation legislation to a Cantonment area, though such State
Legislation could not in law have been applied to cantonment areas at the time
of the passing of the decrees or order. The decree obtained by the respondent
is saved by the pro visions of section 3, sub-section 4 of the Cantonment
(Extension of Rent Control Laws) Act 22 of 1957, as amended by Act 22 of 1972.
[232 E-F]
4. If the decision in the previous proceeding
was to be regarded as res judicata it would assume the status of a special rule
of law applicable to the parties relating to the jurisdiction of the Court in
derogation of the rule declared by the legislature. [234 A] In the present
case, the executing Court had refused to exercise jurisdiction and to execute
the decree on the ground that the decree was a nullity as the Bombay Rents,
Hotel and Lodging House Rates Control Act, 1947, had no application to
buildings in Cantonment areas. That defect having been re moved and all decrees
obtained on the basis that the Bombay rent law applied to the Kirkee Cantonment
area having been validated by Act 22 of 1972, it cannot be said that the
earlier decision holding that the decree was a nullity operated as res
judicata. [234 B-D] Mathura Prasad Bajoo Jaiswal and ors. v. Dessibai N. B. Jeejeebhoy,
[1970] 1 S.C.R. 830 (@) 836: followed.
CIVIL APPELLATE JURISDICTION: Civil Appeal
Nos. 708 to 710 Of 1978.
Appeals by Special Leave from the Judgment
and order dated 18-2-1978 of the Bombay High Court in Special Civil Application
Nos. 2564/74, 5997/78 and 5999/78.
V.M. Tarkunde, C.K Ratnaparkhi, V.N. Ganpule,
Mrs. Veena Devi Khanna and Miss Manik Tarkunde for the Appellants in all the
appeals. .
Soli J. Sorabjee, S.K Mehta, P.N. Puri and
E.M.S. Anam for the Respondents 1 to 6 in CAs 708 to 710/1978.
P.H. Parekh, C.B. Singh, B.L. Verma, Miss V.
Caprihan, Hemant Sharma and Raian Karanjawala for the Respondent No. 5 in CA
710/78.
The Judgment of the Court was delivered by
CHINNAPPA REDDY, J. The respondents in Civil Appeal No. 708 of 1978, Mamanchand
Ratilal Agarwal and others, who are the landlords of premises bearing door No.
16 in Nawa Bazar Area Kirkee Cantonment, filed civil suit No. 1730 of 1964 against
the appellant-tenant for recovery of possession and arrears of rent under the
provisions of the Bombay Rents, Hotel and Lodging House Rate Control Act, 1947.
The suit was decreed. There was an appeal by the tenant. It resulted in a
compromise decree dated July 12, 1967 by which some time was given to the
tenant to vacate the premises. As the tenant failed to vacate the premises
within the time given to him, the landlords were compelled to take out
execution.
On April 29, 1969, in the case of Indu Bhusan
Bose v. Rama Sundari Devi & Anr this Court held that Parliament alone had
and the State Legislature did not have the necessary competence to make a law
in any regard to the "regulation of house accommodation in Cantonment ..
areas".
The expression "regulation of house
accommodation" was interpreted as not to be confined to allotment only but
as extending to other incidents, such as termination of existing tenancies and
eviction of persons in possession of house accommodation etc. To get over the situation
created by Indu Bhusan Bose v. Rama Sundari Devi & Anr. on December 29,
1969, the Central Government issued a notification under Section 3 of the Cantonments
(Extension of Rent Control Laws) Act, 1957, extending the provisions of the
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, to the Kirkee
and other Cantonment areas. On June 2, 1972, the Parliament also 228 enacted
Act 22 of 1972 amending the Cantonments (Extension of Rent Control Law;) Act,
1957, purporting to enable the Central Government to make the rent control laws
in the several States applicable to Cantonment areas from dates anterior to the
dates of notification and further purporting to validate certain pre-existing
decrees. In the meanwhile taking advantage of the decision in the case of Indu
Bhusan v. Rama Sundari Devi & Anr. (supra), the appellant-tenant filed
Miscellaneous Application No. 597 of 1970 for a declaration that the decree
obtained against him was a nullity and incapable of being executed. This
application was allowed by the Court on November 15, 1971. But, after the
enactment of Act 22 of 1972, on January 11, 1973, the landlords filed Darkhast
No. 104 of 1973 to execute the decree in their favour. The tenant raised
various objections. One of the objections was that subsequent to the compromise
decree there was a fresh agreement of lease between the landlords and himself.
This was denied by the landlords. Another objection was that the provisions of
the Amending Act 22 of 1972 were not extensive enough to save the decree dated
July 12, 1967. The third objection was that in any case the decision in
miscellaneous application No. 597 of 1970 holding the decree to be a nullity
operated as res judicata between the parties. The first of the objections was
left open by all the Courts for future adjudication. The second and third
objections alone were considered, for the time being. In the judgment under
appeal, the High Court over-ruled the second and third objections of the tenant
and hence this appeal by special leave.
The first question for our consideration is
whether the compromise decree dated July 12, 1967 is saved by Amending Act 22
of 1972? Before the decision of this Court in Indu Bhusan Bose v. Rama Sundari
Devi & Anr. (supra), there was a conflict of views on the question whether
Entry 3 of List I of Schedule VII to the Constitution which enabled Parliament
to legislate in regard to "the regulation of housing accommodation
(including the control of rents)" in Cantonment areas was wide enough to
include the subject of relationship of landlord and tenant of buildings
situated in Cantonment areas. The High Courts of Bombay, Nagpur and Patna had
taken the view that regulation of the relationship of landlord and tenant did
not fall within Entry 2 of List I of the Seventh Schedule to the Govt. Of India
Act, 1935 (which corresponded to Entry 3 of List I of Seventh Schedule to the
Constitution and that the Provincial Legislature was competent to legislate
even in regard to the regulation of the relationship between landlord and
tenant in Cantonment areas by virtue of Entry 21 of List II of the 229 Seventh
Schedule to the Govt. Of India Act, 1935(which corresponded to Entry 18 of the
List II of the Seventh Schedule to the Constitution). On the other hand the
High Courts of Calcutta and Rajasthan held that the power of the State
Legislature to legislate in respect of landlord and tenant of buildings was to
be found not in Entry 18 of List II but in Entries 6, 7 and 13 of List III of
the Seventh Schedule to the Constitution and that such power was circumscribed
by the exclusive power of Parliament to legislate on the same subject under
Entry 3 of List I. The view expressed by the Calcutta and Rajasthan High Courts
was accepted as correct by this Court in Indu Bhusan Bose v. Rama Sundari Devi
& Anr. (supra), But even before the decision of this Court in Indu Bhusan
Bose v. Rama Sundari Devi & Anr. (supra), Parliament appeared to take view
of the Calcutta and Rajasthan High Courts as the correct view and proceeded to
enact the Cantonments (Extension of Rent Control Laws) Act, 1957, by Section 3
of which the Central Government was enabled, by notification in the official
Gazette, to extend to any Cantonment with such restrictions and modifications
as it thought fit. Any enactment relating to the control of rent and regulation
of house accommodation which was in force on the date of the notification in
the State in which the Cantonment was situated. Though this Act came into force
on December 18, 1957, no notification was issued extending the provisions of
the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, to Kirkee
and other Cantonment areas within the State of Bombay until 1969. Apparently
such a notification was thought unnecessary in view of the fact that the Bombay
Act was supposed to operate within the said Cantonment areas because of the
consistent view taken by the Bombay High Court, regarding the applicability of
the Bombay Act to such areas. But the position was upset as a result of the
decision of this Court in Indu Bhusan Bose v. Rama Sundari Devi & Anr.
(supra).
Thereafter it became necessary that a
notification under section 3 of the Cantonment (Extension of Rent Control Laws)
Act, 1957, should be issued. It was accordingly done on December 29, 1969. But
it was soon realised that the entire problem was not thereby solved since all
such notification as the one issued on December 29, 1969 could only be
prospective and could not save decree which had already been passed. Amending
Act 22 of 1972 was, therefore, enacted for the express purpose of saving
decrees which had already been passed. The statement of objects and reasons of
the amending act stated:
"..... But these notifications could be
issued only prospectively and could not save the decrees already passed. A
number of representations had been received 230 from and on behalf of tenants
and tenants' associations, ventilating their grievances in this regard. It was
accordingly proposed to amend s. 3 to empower the Government to extend to any
Cantonment any enactment relating to the control of rent and regulation of
house accommodation in force in the State in which the Cantonment was situated
either from the commencement of such enactment or from 26-1-1950, the date when
the Constitution came into force, whichever was later, and to save decrees
already passed under the enactment deemed to have been in force in the
Cantonment before such extension." By section 2 of the Amending Act of
1972 the Principal Act of 1957 was itself deemed to have come into force on
January 26, 1950.
Original s. 3 was renumbered as sub.-s. 1 and
the words "on the date of the notification" were omitted and
"were deemed always to have been omitted". New sub.-sections 2, 3 and
4 were introduced and they are as follows:
"(2) The extension of and enactment
under sub section (1) may be made from such earlier or future date as the
Central Government may think fit:
Provided that no such extension shall be made
from a date earlier than- (a) the commencement of such enactment, or (b) the
establishment of the cantonment, or (c) the commencement of this Act, whichever
is later.
(3) Where any enactment in force in any State
relating to the control of rent and regulation of house accommodation is
extended to a cantonment from a date earlier than the date on which such
extension is made (hereafter referred to as the "earlier date"), such
enactment, as in force on such earlier date, shall apply to such cantonment,
and where any such enactment, has been amended at any time after the earlier
date but before the commencement of the Cantonments (Extension of Rent Control
Laws Amendment Act 1971, such enactment, as amended, shall apply to the
cantonment on and from the date on which the enactment by which such amendment
was made, came into force.
(4) Where, before the extension to a
cantonment of any enactments, relating to the control of rent and regulation of
house accommodation therein (hereafter referred to as the "Rent Control
Act"):- (i) any decree or order for the regulation of, or for eviction
from, any house accommodation in that cantonment, or (ii) any order in the
proceedings for the execution of such decree or order, or (iii) any order
relating to the control of rent or other incident of such house accommodation,
was made by any court, tribunal or other authority in accordance with any law
for the control of rent and regulation of house accommodation for the time
being in force in the State in which such cantonment is situated, such decree
or order shall, on and from the date on which the Rent Control Act is extended
to that cantonment, be deemed to have been made under the corresponding
provisions of the Rent Control Act, as extended to that cantonment, as if the
said Rent Control Act, as so extended, were in force in that Cantonment, on the
date on which such decree or order was made".
The effect of the provisions of the Amending
Act appear to us lo be very clear. Under s. 3 of the un-amended Act, a
notification could be issued extending a State Legislation to a Cantonment area
with effect from the date of the notification. As a result of the introduction
of sub.-s. 2 of s. 3 the notification can be given effect from an anterior date
or a future date, but it cannot be made effective from a date earlier than the
commencement of the State Legislation or the establishment of the Cantonment or
the commencement of the Cantonment (Extension of Rent Control Laws) Act, 1957.
Sub.-s. 3 is merely consequential to sub.-s. 2 in that it provides that a State
Legislation when extended to a Cantonment area from an anterior date, such
legislation is to stand extended with all the amendments to such State
Legislation made after such anterior date but before the commencement of the
1972 Amending Act, the amendments being applicable as and when they come into
force. Sub-.s. 4 makes provision for the saving of decrees or orders for the
regulation of or for eviction from any house accommodation in a Cantonment made
before the extension of the State Legislation to the Cantonment provided
certain conditions are fulfilled. One condition is that the decree or order
must have been made by any Court, Tribunal or other authority in accordance
with a law for the control of rent and regulation of house accommodation for
the time being in force in the State in which such Cantonment is situated. In
other words the decree or order must have been made by the wrong application of
the State legislation to the Cantonment area.
If a decree or order has been made by such
wrong application of the State Legislation to the Cantonment area, it shall be
deemed, with effect from the date of the notification, to have been properly
made under the relevant provisions of the State Legislation.
Shri V.M. Tarkunde, learned Counsel for the
appellant urged that sub.-s. 4 had to be read in the context of sub.- s. 2 and
3 and that it was to be applied only to cases where a notification issued under
sub.-s. 1 was given retrospective effect under the provisions of sub.-s. 2. We
see no justification for confining the applicability of sub.-s. 4 to cases
where notifications are issued with retrospective effect under sub.-s. 2.
Sub.-s. 4 in terms is not as confined. It applies to all cases of decrees or
orders made before the extension of a State Legislation to a Cantonment area
irrespective of the question whether such extension is retrospective or not.
The essential condition to be fulfilled is that the decree or order must have
been made as if the State Legislation was already in force, although, strictly
speaking, it was not so in force. In our view sub.-s. 4 is wide enough to save
all decrees and orders made by the wrong application of a State rent control
and house accommodation legislation to a Cantonment area, though such State
Legislation could not in law have been applied to Cantonment areas at the time
of the passing of the decrees or order. We, therefore, hold that the decree
obtained by the respondents is saved by the provisions of s. 3, 4 sub.- s. 4 of
the Cantonment (Extension of Rent Control Laws) Act of 1957. as amended by Act
22 of 1972.
The second submission of the learned counsel
for the appellant was that the decision of the executing Court in Miscellaneous
Application No. 597 of 1970 declaring the decree to be a nullity separated as
res judicata between the parties. The learned counsel relied upon the following
observations of this Court in Mathura Prasad Bajoo Jaiswal & ors. v.
Dessibai N.B. Jeejeebhoy(1) "The matter in issue, if it is one purely of
act, decided in the earlier proceeding by a competent court must in a
subsequent litigation between the same parties be regarded as finally decided
and cannot be reopened. A mixed question of law and fact determined in the
earlier proceeding between the same parties may not, for the reason, be questioned
in a subsequent proceeding between 233 the same parties. But, where the
decision is on a question of law, i.e. the interpretation of a statute, it will
be res judicata in a subsequent proceeding between the same parties where the
cause of action is the same, for the expression 'the matter in issue' in s. 11
Code of Civil Procedure means the right litigated between the parties i.e. the
facts on which the right is claimed or denied and the law applicable to the
determination of that issue. Where, however, the question is one purely of law
and it relates to the jurisdiction of the Court or a decision of the Court
sanctioning something which is illegal, by resort to the rule of res judicata a
party affected by the decision will not be precluded from challenging the
validity of that order under the rule of (' res judicata, for a rule of
procedure cannot supersede the law of the land.
In the very observations relied upon by the
learned counsel for the appellant the last sentence is clearly against the
appellant. The matter becomes clear if certain observations made earlier in the
very judgment are considered. They are:
"A question relating to the Jurisdiction
of a Court cannot be deemed to have been finally determined by an erroneous
decision of the Court. If by an erroneous interpretation of the statute the
Court holds that it has no jurisdiction, the question would not, line our
judgment, operate as res judicata. Similarly by an erroneous decision if the
Court assumes jurisdiction which it does not possess under the statute, the
question cannot operate as res judicata between the same parties, whether the
cause of action in the subsequent litigation is the same or otherwise".
In that case the appellant who had a lease of
an open land for construction of buildings had applied for determination of
standard rent under the Bombay Rents, Hotel and Lodging House Rates Control
Act, 1947. The application was rejected on the ground that the Act did not
apply to open land let for construction. The view was confirmed by the High
Court.
Later in another case, the view taken by the
High Court was over-ruled by the Supreme Court and it was held that the Act
applied to open land let out for construction The appellant once again filed an
application for determination of standard rent. The lower Courts and the High
Court held that the previous decision operated as res judicata between the
parties. The Supreme Court reversed the view of the lower courts and the High
Court. It 16-189SCI/80 234 was held that the earlier decision that the Civil
Judge had no jurisdiction to entertain the application for determination of
standard rent? was wrong in view of the judgment of the Supreme Court. If the
decision in the previous proceeding was to be regarded as res judicata it would
assume the status of a special rule of law applicable to the parties relating
to the jurisdiction of the Court in derogation of the rule declared by the
legislature. The situation in the present case is analogous. The executing
Court had refused to exercise jurisdiction and to execute the decree on the
ground that the decree was a nullity as the Bombay Rents, Hotel and Lodging
House Rates Control Act, 1947, had no application to buildings in Cantonment
areas.
That defect having been removed and all
decrees obtained on the basis that the Bombay rent law applied to the Kirkee
Cantonment area having been validated by Act 22 of 1972, it cannot be said that
the earlier decision holding that the decree was a nullity operated as res
judicata. As pointed out by this Court in Mathura Prasad Bajoo Jaiswal &
Ors. I v. Dassibai N.B. Jeejeebhoy (supra) if the earlier decision in the
Miscellaneous Application is to be regarded as res judicata it would assume the
status of a special rule of jurisdiction applicable to the parties in
derogation of the law declared by the legislature. We, therefore, see no
substance in the second submission. Civil Appeal No. 708 of 1978 is accordingly
dismissed with costs.
In Civil Appeal No. 709 of 1978, the only
question is about the validity of a decree obtained before the date of the
notification issued under s. 3 of the Cantonments (Extension of Rent Control
Laws) Act, 1957. In view of what we have said above, this question has to be
decided against the appellant. This appeal is also dismissed with costs.
In Civil Appeal No. 718 of 1978, special
leave was granted under a misapprehension that the appeal raised the same
questions as were raised in Civil Appeal No. 708 of 1978. It is now stated that
it is not so. This appeal is also dismissed with costs.
S.R. Appeals dismissed.
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