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1949 DIGILAW 53 (MP)

Munnalal Lachhiram v. Manakchand

1949-12-02

SANGHI

body1949
JUDGMENT : 1. The appellant instituted a suit in the Court of the Munsiff, Indore City on 13-03-1944, for the ejectment of the respondent, his tenant. A decree was passed. In execution of the decree objection was taken that it could not be executed as it was a nullity, the Munsiff's jurisdiction to entertain suits for ejectment of tenants having been taken away by Notification No.6 dated 11-3-1944, made by the Holkar Government and published in the State gazette dated 13-3-1944, which is also the date of the institution of the suit. Section 8, Indore Rent Control Order, 1948, was amended and thereby the jurisdiction to evict a tenant in possession was vested in the `Controller'.The Court of first instance and the appellate Court both have held that the decree passed was without jurisdiction and being a nullity could not be executed. The decree-holder has preferred a second appeal. 2. The appellant's learned counsel urged that the Notification was published in the gazette on 13-3-1944, and it came into operation 'from' that date and that date (13th march) should, therefore, be excluded. He relied on S.8, Indore General Clauses Act. The section refers to a period of time, having a beginning and an end and if the word 'from' is used the clay from which the period of time commences is to be excluded. There is no provision made in the notification as to when it is to come into operation. When no provision in this respect is made the law comes into operation 'on' the date it is published and not 'from' the date of its publication. See S.4, General Clauses Act in which the preposition used is 'on' and not 'from'. Even if the word 'from' were used the, day of commencement would not be excluded because as observed by Schwabe C.J. in In re Court-fees, 76 I.C. 721: (AIR (11) 1924 Mad. 257 S.B.), that meaning of the word 'from' is applicable only to cases of a defined period of time. In the present case the word 'from' is used nowhere. The learned counsel for the appellant himself introduces it by saying that the notification comes into operation 'from' 13th march. The correct expression would be that the notification came into operation on 13th march. I, therefore, hold that on 13-03-1944, the Munsif had not the jurisdiction to entertain the suit. 3. The learned counsel for the appellant himself introduces it by saying that the notification comes into operation 'from' 13th march. The correct expression would be that the notification came into operation on 13th march. I, therefore, hold that on 13-03-1944, the Munsif had not the jurisdiction to entertain the suit. 3. The appeal is dismissed with costs.