Case: Jai Narain Vs. Kishen Chand

tenant was the proper order to make in view of the finding that he had caused substantial damage to the premises. However, the matter comes to the Court because of the passing of the Delhi Rent Control Act, 1958 which came into force on February 9, 1959. Section 57 (1) of that Act provided that the Delhi and Ajmer Rent Control Act 1952 in so far as it was applicable to the Union Territory of Delhi, was being repealed. While repealing it, a special saving was however made by sub-section (2) of the same section in favour of all suits and other proceedings which were then pending under the repealed Act and it was provided that those suits and proceedings should be continued and disposed of in accordance with the provisions of the Act as if that Act had continued to be in force and the new Act had not been passed. This would have really been a very proper provision to make to separate the operation of the two Acts but the Legislature went still further and added two provisos. We are concerned only with the first of the two provisos on which much dispute has arisen in this case. That proviso reads as follows :"Provided that in any such suit or proceeding for the fixation of standard rent or for the eviction of a tenant from any premises to which Section 54 does not apply, the Court or other authority shall have regard to the provisions of this Act:" This proviso contains a proviso within itself which excepts the case of premises to which Section 54 of the Act does not apply. That section provides as follows :"Nothing in this Act shall affect the provisions of the Administration of Evacuee Property Act, 1950, or the Slum Areas (In government and Clearance) Act, 1956 or the Delhi Tenants (Temporary Protection) Act, 1956."The effect of the proviso which we have quoted above is variously described by Counsel on opposite sides.According to Mr. C. B. Agarwala who argued for the tenant, the words "to which Section 54 does not apply" govern the words "any such suit or proceeding" and not the words "any premises". The High Court in the order passed on review was of the opinion that these words governed the words "any premises". In our opinion, this is the correct view to take of the matter.4. To begin with, it must be noticed that the proviso speaks of two things, namely, the fixation of standard rent and the eviction of a tenant from any premises. The words "from any premises" cannot be connected with the phrase "for the fixation of standard rent, because then the preposition would have been "of any premises" or "for any premises" and not "from any premises." This means that the first phrase has to be read as complete in itself beginning from the words for the fixation" and ending with the words, "standard rent". The second phrase then reads "or for the eviction of a tenant from any premises." The words "from any premises" go very clearly with the words "eviction of a tenant" and not with the words "any suit or proceeding".5. The question then aries, where does the phrase "to which Section 54 does not apply" connect itself According to Mr. Agarwala that phrase must be connected with the words "in any such suit or proceeding." Since the suits contain two kinds of matters, namely, fixation of standard rent and eviction of a tenant from any premises, we have to turn to the provisions of the statutes to which Section 54 refers, namely, the Administration of Evacuee Property Act, 1950, the Slum Areas (Improvement and Clearance) Act, 1956 and the Delhi Tenants (Temporary Protection) Act, 1956. The first two do not deal at all with the fixation of fair rent and the third speaks of fair rent, but it does not provide for its fixation. It would be pointless to use the language any suit or proceeding to which Sec. 54 does not apply in relation to fixation of standard rent. It follows therefore that the phrase "to which Section 54 does not apply really governs premises. Read in that way, all the three Acts fall in line, because they provide for premises and not for fixation of standard rent. The Administration of Evacuee Property Act, 1950, the Slum Areas (Improvement and Clearance) Act, 1956 and the Delhi Tenants (Temporary Protection) Act, 1956 all deal with premises and property and therefore the phrase "to which Section 54 does not apply" is connected with the word "premises".That is the view which the High Court has taken and we think rightly. We proviso did not apply and the matter had to be governed by the old Delhi and Ajmer Rent Control Act, 1952 which had been revealed.6. It was contended before us that this legislation was intended to soften action against tenants still further and that the policy of the law had been to give more and more protection to the tenants and we must therefore read the statute in consonance with that policy. This would be an argument to consider if the language of the statute was not quite clear. But the language is clear enough to show that the proviso applies only to those cases in which Section 54 cannot be made applicable.It is admitted before us that this area is subjected to the Slum Areas (Improvement and Clearance) Act, 1956. If that is so, then, on the terms of the proviso on which much reliance is placed by Mr. Agarwala, the provisions of the Delhi Rent Control Act, 1958 cannot be taken into consideration. They are to be taken into consideration only in those cases to which the Acts mentioned in Section 54 do not apply, that is to say, in respect of premises not governed by those statutes. Since this shop is governed by one of the statutes, the proviso has no application. The High Courts view was therefore right.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]We are concerned only with the first of the two provisos on which much dispute has arisen in this case. That proviso reads as follows :"Provided that in any such suit or proceeding for the fixation of standard rent or for the eviction of a tenant from any premises to which Section 54 does not apply, the Court or other authority shall have regard to the provisions of this Act:" This proviso contains a proviso within itself which excepts the case of premises to which Section 54 of the Act does not apply. That section provides as followsin this Act shall affect the provisions of the Administration of Evacuee Property Act, 1950, or the Slum Areas (In government and Clearance) Act, 1956 or the Delhi Tenants (Temporary Protection) Act,effect of the proviso which we have quoted above is variously described by Counsel on oppositeTo begin with, it must be noticed that the proviso speaks of two things, namely, the fixation of standard rent and the eviction of a tenant from any premises. The words "from any premises" cannot be connected with the phrase "for the fixation of standard rent, because then the preposition would have been "of any premises" or "for any premises" and not "from any premises." This means that the first phrase has to be read as complete in itself beginning from the words for the fixation" and ending with the words, "standard rent". The second phrase then reads "or for the eviction of a tenant from any premises." The words "from any premises" go very clearly with the words "eviction of a tenant" and not with the words "any suit orto Mr. Agarwala that phrase must be connected with the words "in any such suit or proceeding.t was contended before us that this legislation was intended to soften action against tenants still further and that the policy of the law had been to give more and more protection to the tenants and we must therefore read the statute in consonance with thatDelhi and Ajmer Rent Control Act, 1952. Section 13 (1)(k) of thatthe suits contain two kinds of matters, namely, fixation of standard rent and eviction of a tenant from any premises, we have to turn to the provisions of the statutes to which Section 54 refers, namely, the Administration of Evacuee Property Act, 1950, the Slum Areas (Improvement and Clearance) Act, 1956 and the Delhi Tenants (Temporary Protection) Act, 1956. The first two do not deal at all with the fixation of fair rent and the third speaks of fair rent, but it does not provide for its fixation. It would be pointless to use the language any suit or proceeding to which Sec. 54 does not apply in relation to fixation of standard rent. It follows therefore that the phrase "to which Section 54 does not apply really governs premises. Read in that way, all the three Acts fall in line, because they provide for premises and not for fixation of standard rent. The Administration of Evacuee Property Act, 1950, the Slum Areas (Improvement and Clearance) Act, 1956 and the Delhi Tenants (Temporary Protection) Act, 1956 all deal with premises and property and therefore the phrase "to which Section 54 does not apply" is connected with the word "premises".That is the view which the High Court has taken and we think rightly. We proviso did not apply and the matter had to be governed by the old Delhi and Ajmer Rent Control Act, 1952 which had beenwould be an argument to consider if the language of the statute was not quite clear. But the language is clear enough to show that the proviso applies only to those cases in which Section 54 cannot be made applicable.It is admitted before us that this area is subjected to the Slum Areas (Improvement and Clearance) Act, 1956. If that is so, then, on the terms of the proviso on which much reliance is placed by Mr. Agarwala, the provisions of the Delhi Rent Control Act, 1958 cannot be taken into consideration. They are to be taken into consideration only in those cases to which the Acts mentioned in Section 54 do not apply, that is to say, in respect of premises not governed by those statutes. Since this shop is governed by one of the statutes, the proviso has no application. The High Courts view was therefore right.