Case: V. K. A. Ranganatha Konar Vs. The Tiruchirappalli Municipal Council, By Itscommissioner,

the building and trees thereon. Section 4(4) contains a mandatory provision that if the amount found due is not paid within three months, the suit of the landlord shall stand dismissed. We will presently deal with the question of construing these two sub-sections. Meanwhile, we may refer to S. 10. Section 10(1) provides that Section 4, 5, 6, 8, 9 and 9-A shall, inter alia, apply to suits in ejectment which are pending or in which decrees for ejectment have been passed, but have not been executed. Section 10(2) deals with cases in which decrees for ejectment have been passed, but the amount of compensation has not been determined, and if provides that on an application by the tenant, such amount would be determined in accordance with S. 4. Section 10(3) deals with cases of decrees which are pending execution; and it requires that the Court shall, on the application of the tenant, recall execution orders, ascertain the amount of compensation, and pass an interim order under S. 4. It will thus be clear that wherever the Act is extended, the protection afforded by the Act and the benefits conferred by it can be claimed not only by tenants against whom suits are pending or would be filed in future, but also by tenants against whom decrees have already been passed, but have not been fully executed. Section 10 clearly brings out the fact that the policy of the legislature was to extend ample protection to the tenants in the areas to which the Act would be extended from time to time.10. Reverting then to the question of construing S. 4(1) and (4), it would appear that what S. 4(1) purports to do is to require that the decree in the suit to which it applies shall, in the first instance, declare the amount found due by way of compensation. The said provision also requires that the decree shall declare that the tenant shall put the landlord into possession of the land on payment by the landlord into court, within three months from the date of the decree, of the amount found due. The two operative parts of the decree as contemplated by S. 4 (1) are: the declaration of the amount due to the tenant, and the direction to the tenant to deliver possession of the land to the landlord in case he paid into Court within three months of the date of the decree the amount declared due. It is true that the decree would state that the landlord has to pay the amount within three months from its date; but having regard to the specific and mandatory terms in which S. 4(4) is couched, it would not be reasonable to construe S. 4(1) as controlling S. 4(4).The relevant clause provides that the decree shall direct that on payment by the landlord into Court, within three months, of the amount found due, the tenant shall put the landlord into possession. The clause in respect of the payment by the landlord into court within three months amounts to a condition which has to be satisfied by the landlord before the tenant is required to deliver to him possession of the property in question. In other words, reference to the payment by the landlord of the amount found due within the specified period in S. 4(1) is not so much a direction issued by the Court as specification of a condition expressly and independently provided by S. 4(4).11. The provision of S. 4 (4) clearly shows that if the amount found due is not paid within three months, the suit of the landlord shall stand dismissed. The opening clause of S. 4(4) shows that the amount has to be paid within three months from the date of the decree passed under sub-s. (1). The expression "the decree under sub-s. (1)" merely describes the sub-section under which the decree is passed, the emphasis in the context being on the date of the said decree and not so much on the strict compliance with the form prescribed by S. 4(1). If the decree is passed under S. 4 (1), its date is material for the purpose of deciding the period beyond which S. 4 (4) would come into operation. In other words, as soon as it is shown by a tenant that a decree has been passed under S. 4 (1) declaring the amount of compensation due to him from the landlord, he is entitled to claim that he is no longer under obligation to deliver possession of the property to the landlord, because three months have passed from the date of the decree and the amount declared as compensation has not been paid to him. If the decree happens to be defective in the sense that it does not reproduce the requirement of S. 4 (1) expressly in its terms, that would not take the case outside the purview of S. 4 (4). We are inclined to think that having regard to the mandatory terms used in S. 4 (4), it would be illogical and unreasonable to suggest that a defective decree like the present enables the landlord to circumvent the provisions of S. 4 (4).The applicability of S. 4 (4) cannot be repelled merely on the ground that the decree passed under S. 4 (1) does not specify the period of three months within which the amount found due has to be paid. In our opinion, the logical way to reconcile S. 4 (1) and S. 4 (4) would be to treat the provision prescribed by S. 4 (4) as mandatory and paramount and read the relevant portion of S. 4 (1) accordingly. That is why even if the decree does not mention that the amount has to be paid within three months, the landlords obligation to make the payment within three months is still enforceable under S. 4 (4), otherwise defective decrees would deprive the tenants of the benefit intended to be conferred on them by S. 4 (4).

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

Explanation:
0[ds]In the case of such a decree, S. 4(4) cannot apply, because S. 4(4) postulates that a proper and valid decree has been passed in conformity with the requirements of S. 4(1). Section 4(4) provides a period of three months "from the date of the decree under sub-section (1)": it is the decree under sub-section (1) which is the decree under sub-section (1) which starts the period of limitation, and before a decree can be said to be a decree under sub-section (1), it must comply with all the requirements prescribed by the said sub-section; in the present case, the decree did not specify that the amount in question should be paid within three months, and so, it is not a decree properly passed under sub-section (1) and as such S. 4(4) cannot beis true that the decree would state that the landlord has to pay the amount within three months from its date; but having regard to the specific and mandatory terms in which S. 4(4) is couched, it would not be reasonable to construe S. 4(1) as controlling S. 4(4).The relevant clause provides that the decree shall direct that on payment by the landlord into Court, within three months, of the amount found due, the tenant shall put the landlord into possession. The clause in respect of the payment by the landlord into court within three months amounts to a condition which has to be satisfied by the landlord before the tenant is required to deliver to him possession of the property in question. In other words, reference to the payment by the landlord of the amount found due within the specified period in S. 4(1) is not so much a direction issued by the Court as specification of a condition expressly and independently provided by S. 4(4).11. The provision of S. 4 (4) clearly shows that if the amount found due is not paid within three months, the suit of the landlord shall stand dismissed. The opening clause of S. 4(4) shows that the amount has to be paid within three months from the date of the decree passed under sub-s. (1). The expression "the decree under sub-s. (1)" merely describes the sub-section under which the decree is passed, the emphasis in the context being on the date of the said decree and not so much on the strict compliance with the form prescribed by S. 4(1). If the decree is passed under S. 4 (1), its date is material for the purpose of deciding the period beyond which S. 4 (4) would come into operation. In other words, as soon as it is shown by a tenant that a decree has been passed under S. 4 (1) declaring the amount of compensation due to him from the landlord, he is entitled to claim that he is no longer under obligation to deliver possession of the property to the landlord, because three months have passed from the date of the decree and the amount declared as compensation has not been paid to him. If the decree happens to be defective in the sense that it does not reproduce the requirement of S. 4 (1) expressly in its terms, that would not take the case outside the purview of S. 4 (4). We are inclined to think that having regard to the mandatory terms used in S. 4 (4), it would be illogical and unreasonable to suggest that a defective decree like the present enables the landlord to circumvent the provisions of S. 4 (4).The applicability of S. 4 (4) cannot be repelled merely on the ground that the decree passed under S. 4 (1) does not specify the period of three months within which the amount found due has to be paid. In our opinion, the logical way to reconcile S. 4 (1) and S. 4 (4) would be to treat the provision prescribed by S. 4 (4) as mandatory and paramount and read the relevant portion of S. 4 (1) accordingly. That is why even if the decree does not mention that the amount has to be paid within three months, the landlords obligation to make the payment within three months is still enforceable under S. 4 (4), otherwise defective decrees would deprive the tenants of the benefit intended to be conferred on them by S. 4would appear that what S. 4(1) purports to do is to require that the decree in the suit to which it applies shall, in the first instance, declare the amount found due by way of compensation. The said provision also requires that the decree shall declare that the tenant shall put the landlord into possession of the land on payment by the landlord into court, within three months from the date of the decree, of the amount found due. The two operative parts of the decree as contemplated by S. 4 (1) are: the declaration of the amount due to the tenant, and the direction to the tenant to deliver possession of the land to the landlord in case he paid into Court within three months of the date of the decree the amount declared due.