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Madhya Pradesh High Court · body

1951 DIGILAW 61 (MP)

Mulla Tyebali v. Dwarka

1951-09-20

KAUL, MEHTA

body1951
JUDGMENT : MEHTA, J. 1. The facts leading to this miscellaneous application are as follows. 2. There is a house No.113-B situated in Bajaz Galli Mhow Cantt. The ownership of this originally vested in the Cantonment Mhow. Subsequently this house was purchased by Mulla Tyebali in September, 1946 under a registered sale deed from Cantonment Board Mhow. 3. At that time Dwarka, son of Harikishan, the opponent lived in the house as a tenant of the Cantonment Board. Dwarka agreed to continue as tenant of Mulla Tyebali as the latter purchased the house from Cantonment Board, 4. Mulla Tyebali wanted the premises for his own use and wanted to rebuild it. He, therefore, served a notice dated 25-10-1948, asking the non-applicant Dwarka to vacate the premises before the 30th of November, 1948. 5. Under section 11 of the Mhow and Neemuch House Rent Control Law, 1946, a tenant can exercise option to renew or extend his tenancy. Dwarka, the tenant, sent a counter notice dated 10-11-1948, intimating his desire to extend the tenancy by one year, i.e. upto 1-12-1949 as provided in Section 11. The landlord made an application on 16-11-1948 to the Rent Controller, Mhow for disallowing the extension of tenancy. The Rent Controller, Mhow, after recording evidence disallowed the landlord's application with the result that the tenancy of Dwarka was extended to one year. On 8-11-1949, the landlord filed an appeal to the District Magistrate, Mhow. 6. Pending the disposal of this appeal, the Sthan Niyantran Vidhan of S.Y. 2006 was made applicable to Mhow on 9-2-1950. On 25-2-1950, the Additional District Magistrate Indore dismissed the appeal on the ground that the Sthan Niyantran Vidhan of S.Y. 2006 had repealed the Mhow and Neemuch House Rent Control Law and therefore the appeal was competent. 7. Now the main contention of MR. Dhodapkar, learned pleader for the applicant, is that the Sthan Niyantran Vidhan of S.Y. 2006 is ultra vires so far as Mhow Cantonment is concerned. He urged that having regard to the Seventh Schedule, List I-Union list, item No.3, the delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rent) in such areas, shall foe within the competence only of the central Legislature. He urged that having regard to the Seventh Schedule, List I-Union list, item No.3, the delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rent) in such areas, shall foe within the competence only of the central Legislature. According to Article 246 of the Constitution, Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule, Union List. Therefore, he contended that the Madhya Bharat Legislature was not competent to legislate for the Mhow cantonment 8. This will lead to a consideration whether Mhow was a Cantonment town on the date the Constitution of India came into force viz. 26-1-1950. 9. If Mhow was a Cantonment town on 26-1-1950, then certainly the State legislature had no right to extend the provisions of Sthan Niyantran Vidhan to Mhow Cantonment If not, then the Madhya Bharat legislature had a right to extend the provisions of Sthan Niyantran Vidhan to Mhow Cantonment. 10. On the 14th August, 1947 Mhow was retroceded to Holkar State and the Maharaja Holkar assumed sovereignty over Mhow Cantonment. 11. As a historical retrospect, it may be mentioned that Mhow was given to British for subsidiary treaty for the purpose of quartering British troops. As soon as the treaty rights came to an end on the 14th August, 1947, the Central India Agency issued a Notification dated 9-8-1947, Notification No.219, Political, Government of India Gazette Extra-ordinary dated 12-8-1947, stating that all laws existing in Mhow Cantonment shall cease to exist. Subsequently, the Mhow Cantonment Act ceased to have operation from 9-8-1947. Then on 14th August, 1947, the Holkar State Notification No, 5012-R dated the 14th August, 1947 stated that the Crown Representative has retroceded to the Holkar State with effect from the 14th August, 1947, the jurisdiction exercised by him in the area now comprising the Cantonment of Mhow. The Holkar Government Notification of 14th August, 1947 stated that all the laws of Holkar State shall apply to the Cantonment. Only such of the existing laws in force in the Cantonment as are hereinafter specified shall continue in force temporarily in the Cantonment after retrocession. 12. The Holkar Government Notification of 14th August, 1947 stated that all the laws of Holkar State shall apply to the Cantonment. Only such of the existing laws in force in the Cantonment as are hereinafter specified shall continue in force temporarily in the Cantonment after retrocession. 12. In my opinion the Holkar State Government did not recognise Mhow as a Cantonment town after it was retroceded to the Holkar State by the Crown Representative. Holkar State did not recognise Mhow as a Cantonment after its retrocession but only continued some of the laws that were prevalent in Mhow Cantonment. 13. Mhow was not declared a Cantonment town under the provisions of section 3 of the Cantonment Act of 1924. According to Section 3 of the Cantonment Act of 1924, the Local Government with the previous sanction of the Governor General in Council, may, by notification in the Local Official Gazette, declare any place or places in which any part of His Majesty's regular forces or regular air force is quartered or which being in the vicinity of any such place or places, is or are required for the service of such forces to be a cantonment for the purposes of this Act. Now in this particular case after retrocession there was no declaration by the Holkar State declaring Mhow as a Cantonment town. 14. Mhow ceased to be a cantonment town by force of order dated 9-8-1947, Notification No.290, Political, published in Government of India Extraordinary Gazette dated 12-8-1947. According to this Notification of the Government of India all laws existing in Mhow Cantonment ceased to exist and Cantonment Act also ceased to have any operation. The Notification of the Holkar State No.5012-R dated 14th August, 1947 did not recognise Mhow as a Cantonment Town. Holkar State armies were not quartered at Mhow. It appears to me obvious that the intention of the notification of the Holkar State Gazette of 14-8-1947 was to continue some of the laws in Mhow Cantonment temporarily. Just because of the laws of the Cantonment of Mhow are continued, it would not tantamount to a declaration of Mhow as a Cantonment town as envisaged in Section 3 of the Cantonment Act of 1924. Just because of the laws of the Cantonment of Mhow are continued, it would not tantamount to a declaration of Mhow as a Cantonment town as envisaged in Section 3 of the Cantonment Act of 1924. Supplement to the Madhya Bharat Government Gazette dated the 16th September, 1950 has reproduced the Central Act, Ordinance No.18 of 1950 of the 8th July, 1950 issued by Ministry of Defence in the Gazette of India. The Notification of 8-7-1950 issued by the Government of India declared Mhow to be a Cantonment town for the purposes of Cantonment Act of 1924. This was for the first time that the Government of India declared on 8th July, 1950 that Mhow is a Cantonment town within the meaning of Section 3 of the Cantonment Act of 1924. If Mhow had been recognised as a Cantonment town under the Cantonment Act of 1924, it was not necessary to declare it as a Cantonment town on the 8th July, 1950. 15. Thus, it is clear that on the date when the Constitution of India came into force viz. 26-1-1950 and on the date when Sthan Niyantran Vidhan was made applicable to Mhow on 9-2-1950, Mhow was not a Cantonment town and, therefore, Madhya Bharat legislature had the authority to! extend the provisions of Sthan Niyantran Vidhan to Mhow. Mhow ceased to be a Cantonment town by virtue of the notification No.219, Political, published in Government of India Gazette Extraordinary dated 12-8-1947 by the Government of India. It was not recognised as a Cantonment town by the Holkar State nor was it recognised as a Cantonment by the Madhya Bharat State when Holkar State was integrated in Madhya Bharat. Hence I am clearly of opinion that on the 9th February, 1950, the Madhya Bharat Government was perfectly competent to extend the provisions of the Sthan Niyantran Vidhan and to repeal the Mhow Neemuch Rent Control Order. 16. The result is that I dismiss the application with costs. 17. KAUL, C.J. I agree with the conclusion arrived at by Mehta, J. and concur in the order passed by him.