SUNDER DASS versus RAM PRAKASH

SUNDER DASS versus RAM PRAKASH

The retrospective introduction of the proviso to section 3 of the Delhi Rent Control Act, 1958 must be regarded as operative from the enactment of the Act. Therefore, the civil court lacked inherent jurisdiction to entertain the eviction suit ab initio, rendering the decree a nullity and inexecutable. The finality of the decree cannot override statutory command or oust the benefit of a legislative fiction, especially in light of express language nullifying judgments, decrees, or orders to the contrary.

Parties
Appellant: Sunder Dass; Respondent: Ram Prakash
Jurisdiction
India
Judgment Date
24 February 1977
Procedural Posture
Civil Appeal by Certificate / Supreme Court Appeal From High Court (second Appeal in Execution Proceedings)
Outcome
Appeal dismissed
Legal Topics
Retrospective Effect of Statutory Amendments, Jurisdiction of Civil Courts, Nullity of Decrees, Execution Proceedings
Rent Control Civil Procedure Retrospective Effect of Statutory Amendments Jurisdiction of Civil Courts Nullity of Decrees Execution Proceedings

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Parties

Sunder Dass

Appellant

Ram Prakash

Respondent

Procedural Posture

Civil Appeal by Certificate / Supreme Court Appeal From High Court (second Appeal in Execution Proceedings)

Legal Issues

  1. 1 Whether the retrospective introduction of a proviso to section 3 of the Delhi Rent Control Act, 1958 rendered a decree for eviction, already final, a nullity and inexecutable due to lack of inherent jurisdiction.
  2. 2 Whether an executing court can examine the nullity of a decree passed without jurisdiction because of a statutory amendment with retrospective effect.

Ratio Decidendi

The retrospective introduction of the proviso to section 3 of the Delhi Rent Control Act, 1958 must be regarded as operative from the enactment of the Act. Therefore, the civil court lacked inherent jurisdiction to entertain the eviction suit ab initio, rendering the decree a nullity and inexecutable. The finality of the decree cannot override statutory command or oust the benefit of a legislative fiction, especially in light of express language nullifying judgments, decrees, or orders to the contrary.

Court Disposition

Appeal dismissed

Orders

  • Respondent to pay all arrears of rent to the appellant in instalments: Rs. 2,000/- on or before 30th April, 1977; Rs. 2,000 within three months thereafter; and the balance, if any, by 31st October, 1977, in accordance with respondent's undertaking through counsel.
  • Costs throughout in favour of respondent.