Decree Passed In A Suit For Possession Filed Before Civil Court Prior To Applicability Of Rajasthan Rent Control Act Is Valid And Executable : Supreme Court

The Supreme Court observed that a decree passed in a suit for possession filed before the civil court prior to the applicability of the Rajasthan Rent Control Act is valid and executable.

In this case, the landlord filed a suit for possession before the Civil Court. During the pendency of the suit, the State Government issued a notification extending the provisions of the Rajasthan Rent Control Act, 2001 w.e.f. 11.5.2015 to the area. The Civil Court passed the decree for possession against the appellants on 28.5.2015 even though the Act became applicable to the area in question w.e.f. 11.5.2015. The Rajasthan High Court upheld this decree and judgment of the Trial Court against which the tenant approached the Apex court.

The appellant contended that, after the notification of the State Government issued on 11.7.2014, became operative from 11.5.2015, it was the Rent Tribunal alone which would have jurisdiction to hear and decide the petitions related to disputes between landlord and tenant and not the civil courts and thus the decree of possession could not be passed by the civil court as it can be  passed only by the Rent Tribunal.

To answer this contention, the bench comprising Justices Hemant Gupta and V. Ramasubramanian referred to various judgments that dealt with ouster of jurisdiction of civil courts. The court noted that Section 18 of the Rajasthan Act does not talk about the validity of any decree of the civil court but only restricts the jurisdiction of the civil court from the date the Act became applicable.

"The Act has come into force in respect of the premises in question on 11.5.2015 i.e., after the civil suit was filed, therefore, the decree could validly be passed and executed. After the applicability of the Act to the area in question, the landlord and tenant dispute can be raised only before the Rent Tribunal but not before the civil court. However, a suit filed before the civil court prior to the applicability of the Act has to be decided by the civil court. A decree passed by the civil court is valid and executable which is not interdicted by the applicability of the Act to the area in question. The Act is applicable to the area in question from the date the notification came into force and it does not bar the decree of the civil court or the pendency of such civil suit.", the bench said.

While dismissing the appeal, the bench further observed:

"One of the principles is that the rights of the parties have to be determined on the date when lis commences i.e., on the date of filing of the suit. The plaintiff is entitled to decree on that day when he initiated the proceedings, therefore, rights of the parties have to be examined as on the said day."

Case details

Shankarlal Nadani vs Sohanlal Jain | 2022 LiveLaw (SC) 367 | CA 2816 OF 2022 | 12 April 2022

Coram: Justices Hemant Gupta and V. Ramasubramanian

Counsel: Sr.Adv Gopal Sankaranarayanan, Adv Deepak Prakash for appellants

Headnotes

Rajasthan Rent Control Act, 2001 - A suit filed before the civil court prior to the applicability of the Act has to be decided by the civil court. A decree passed by the civil court is valid and executable- The Act is applicable to the area in question from the date the notification came into force and it does not bar the decree of the civil court or the pendency of such civil suit.  (Para 28) 

Civil Suit - The rights of the parties have to be determined on the date when lis commences i.e., on the date of filing of the suit. The plaintiff is entitled to decree on that day when he initiated the proceedings, therefore, rights of the parties have to be examined as on the said day.

Summary: Appeal against Rajasthan HC judgment which upheld decree passed by a Civil Court in a suit for possession filed by landlord- Dismissed - The Act has come into force in respect of the premises in question on 11.5.2015 i.e., after the civil suit was filed, therefore, the decree could validly be passed and executed. 

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