STATE OF GUJARAT v. SURABHAI MAFATBHAI — 1982 DIGILAW 64 (GUJ)

B. K. MEHTA, J. ( 1 ) THIS appeal at the instance of the State Government is directed against the judgment and order of the City Civil Court Ahmedabad dated 27/02/1980 granting declaration that the notice for summary eviction issued by the City Deputy Collector Ahmedabad purporting to act under sec. 202 of the Bombay Land Revenue Code 1879 (hereinafter referred to as the Code) from the land of S. No. 518 situated within the revenue limits of village Vadaj Ahmedabad Taluka admeasuring about acres 19-02 gunthas is bad in law and void inasmuch as sec. 202 of the Code being corresponding law stood repealed in light of the provisions contained in sec. 19 of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act 1972 (hereinafter referred to as the Public Premises Act) which repealed not only the Bombay Government Premises (Eviction) Act 1955 but also any other corresponding law for eviction of occupants from the public premises. In order to appreciate the rival contentions in the proper perspective it is necessary to refer shortly to the pleadings of the parties hereto. ( 2 ) THE plaintiff claims that according to the rules and regulations of the State Government a policy was evolved to grant lands to aggriculturists who are in cultivation thereof for continuous period of three years on recovery of the occupancy price. Since the plaintiff was cultivating the land of S. No. 518 situate within the revenue limits of village Vadaj of Ahmedabad taluka he has become the owner thereof and nether the State Government nor its agents officers or servants were entitled to interfere with his possession or to cause any obstruction or restrain him from enjoyment thereof. The land in question was originally a waste land and was not fit for cultivation since it was of uneven level. The State Government had given the said land to the plaintiff before a considerable number of years and since then it is in his possession and cultivation. We spent a considerable amount in making it fit for cultivation and recently he has sown in the field after cultivating the same. The State Government had given the said land to the plaintiff before a considerable number of years and since then it is in his possession and cultivation. We spent a considerable amount in making it fit for cultivation and recently he has sown in the field after cultivating the same. The City Deputy Collector by his notice served on the plaintiff on 5/06/1976 called upon him to hand over the vacant possession of the land within thirty days of the receipt of the said notice since he was not authorised to hold the same and his possession thereof was unauthorised. The City Deputy Collector was therefore entitled to summarily evict him in exercise of his powers under sec. 202 of the Code and he was therefore called upon to hand over the possession as stated above. In submission of the plaintiff the said notice was bad in law ultra vires and therefore null and void inasmuch as it was without jurisdiction and against the principles of natural justice. The plaintiff therefore served a statutory notice as required by sec. 30 of the Civil Procedure Code dated 23/06/1976 which has been served on the Government on 24/07/1976 and since the Government failed to comply with the demand made in the notice the plaintiff filed the suit in the City Civil Court Ahmedabad by his Civil Suit No. 2749 of 1976 praying for a declaration and permanent injunction as stated above. ( 3 ) THE State Government resisted the suit contending inter alia that sec. No. 518 is admeasuring in all acres 72-27gunthas and is shown in the revenue record as waste and Gauchar land. The State Government joined issue with the plaintiff that there was no laid down policy to grant waste land to agriculturists who are claiming to cultivate the land or about the grant of the said land or any part thereof to the plaintiff or that the plaintiff bad hen put in possession since many years and/or that he was cultivating the said land as alleged by him. According to the State Government the plaintiff had entered upon the said land unauthorisedly and illegally and therefore in exercise of the powers under sec. 202 of the Code the City Deputy Collector has proceeded to evict the plaintiff who was wrongfully in possession of the Government land. On these pleadings the learned City Civil Judge raised the necessary issues. According to the State Government the plaintiff had entered upon the said land unauthorisedly and illegally and therefore in exercise of the powers under sec. 202 of the Code the City Deputy Collector has proceeded to evict the plaintiff who was wrongfully in possession of the Government land. On these pleadings the learned City Civil Judge raised the necessary issues. ( 4 ) THE only issue on which the suit of the plaintiff was decreed is pertaining to the validity and legality of the impugned notice. The said issue has been raised in the following terms:"2 Whether the plaintiff proves that the notice of summary eviction dated 5-6-1976 issued by the City Deputy Collector Ahmedabad under see 202 of the Bombay Land Revenue Code to him is illegal without jurisdiction and against the principle of natural justice and hence void and not binding to him" ? ( 5 ) THE learned Judge was of the opinion that the impugned notice which is in the purported exercise of the power under sec. 202 of the power under sec. 202 of the Code was bad in law and void since sec. 202 of the Code stood repealed in light of the repealing sec. 19 of Public Premises Act which repealed not only the earlier Act namely the Bombay Government Premises (Eviction) Act 1951 but every other corresponding law providing for eviction of occupants from the public premises and in as much as the alleged possession of the land was unauthorised the State Government can initiate proceedings for summary eviction only under the Public Premises Act since the land would be public premises within the definition of the said term in sec. 2 (f) read with sec 2 (c) and (d) of the said Public Premises Act. In that view of the matter the learned City Civil Judge held that sec. 202 of the Code ceased to have an effect with respect to the eviction of an occupants from any Government land on the ground stated in sec. 2 (f) read with sec 2 (c) and (d) of the said Public Premises Act. In that view of the matter the learned City Civil Judge held that sec. 202 of the Code ceased to have an effect with respect to the eviction of an occupants from any Government land on the ground stated in sec. 202 of the Code and therefore the City Deputy Collector has no power authority or jurisdiction to take any action under the said section Even otherwise the learned City Civil Judge was of the view that the impugned notice was in effect and substance an order of summary eviction and therefore the suit was maintainable and in as much as the impugned notice of summary eviction was bad in law and void it did not oblige the plaintiff to challenge the same by filing an appeal against it. He therefore held that the impugned notice was bad in law and therefore void and ineffective. The learned Judge therefore granted prohibitory injunction restraining the Government its agents and servants from dispossessing the plaintiff though he reserved the liberty to the State Government to take appropriate action for eviction of the plaintiff from the suit land if so advised. It is this judgment and order of the learned City Civil Judge which is the subject matter of this appeal before me. ( 6 ) AT the time of hearing of this appeal the learned Government Pleader Mr. Vin appearing for the State Government urged the following three contentions:" (1) The learned City Civil Judge committed a serious error of law in holding that sec. 202 of the Code is repealed by sec. 19 of the Public Premises Act inasmuch as he has failed to appreciate that the provision contained in sec. 202 was namely procedural one prescribing the manner in which the Collector would evict any person wrongfully in possession of the land and it did not amount to any substantive law proceeding for eviction of the occupants from the public premises. 19 of the Public Premises Act inasmuch as he has failed to appreciate that the provision contained in sec. 202 was namely procedural one prescribing the manner in which the Collector would evict any person wrongfully in possession of the land and it did not amount to any substantive law proceeding for eviction of the occupants from the public premises. (2) Having regard to the purpose object and the contents of the Code the learned City Civil Judge was clearly in error of law in holding that the provisions in the Code pertaining to summary eviction of persons unauthorisedly occupying or wrongfully in possession of any Government land are corresponding law providing for eviction of occupants from the public premises and therefore they were expressly repealed. (3) The learned City Civil Judge committed an error of law in that sec. 202 of the Code is repealed in as much as on the well accepted and recognised principles of construction of statutes this is a case of repeal by necessary implication. ( 7 ) A neat and interesting question of law arises in this appeal for consideration as to what is the width and ambit of sec. 19 of the Public Premises Act. It should be noted at the outset that the said Act was put on the statute book with effect from 26/06/1973 and it was meant to provide for eviction of unauthorised occupants from public premises and for certain incidental matters. The term public premises has been defined by sec. 2 (f) of the Public Premises Act so as to mean any premises belonging to or taken on lease or requisitioned by or on behalf of the State Government and includes any premises belonging to or taken on lease by or on behalf of any Municipal Corporation on Municipality or a Panchayat in the State or any corporation established under the Central or State Act and owned and controlled by the State Government or any university constituted under any law in the State of Gujarat or any institution recognised by the University Grants Commission or declared by the Central Government to be University within the meaning of the said term under the University Grants Commission Act 1956 The term premises means inter alia any land or any buildings or part of a building sec. 2 (d ). 2 (d ). The term land has been given the same meaning as given under the Code sec. 2 (c ). It includes benefits to arise out of land and things attached to the earth or permanently fastened for the earth or permanently fastened to anything attached to earth The term unauthorised occupation in relation to any public premises Weans the occupation by any person of the public premises without authority for such occupation or continuance therein after the initial authority has expired or has been determined for any reason whatsoever sec. 2 (h ). Sec. 4 of the Public Premises Act prescribes issue of notice to show cause against the proposed order of eviction. Notice can be issued on any of the grounds mentioned in clauses (a) (b) or (c) of sub-sec. (1) of sec. 4. Clause (a)comprises of four sub-grounds namely (i) arrears of rent for a period of more than two months (ii) subletting of the premises without the permission of the State Government or the Corporation (iii) acts of waste materially diminishing the value or substantially impairing the utility of the premises and (iv) contravention of express or implied terms of the authority. The grounds in clauses (b) and (c) are respectively (i) unauthorised occupation of the public promises or (ii) requirement thereof by the State Government or the Corporation. It is not necessary to refer any other provisions except the repealing and saving provision contained in sec. 19 of the Public Premises Act. Sec. 19 of the said Act reads as under:"19 The Bombay Government Premises (Eviction) Act. 1955 and any other corresponding law providing for the eviction of occupants from public premises are hereby repealed:provided that anything done or any action taken (including rules or orders made notices issued evictions ordered or effected damages assessed rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the corresponding provisions of this Act and shall be deemed to be and to have always been as valid and effective as if such thing or action was done or taken under the corresponding provisions or this Act as if this Act had been in force when such thing was done or such action was taken". ( 8 ) BEFORE I deal with the view of the learned City Civil Judge which has been strongly assailed by the learned Government Pleader it would be necessary for me to remind myself as to what is the precise connotation of the term corresponding law as explained by the Supreme Court and other High Courts of this country. ( 9 ) IN A. B. Abdulkadir and Ors. v. Stare of Kerala A. I. R. 1962 S. C. 922 the Supreme Court was concerned with the validity of a notification of 3/08/1950 framing new rules fir the issue of licences issued under the Cochin Tobacco Act and Travancore Tobacco Act which stood repealed by the Finance Act 1950 on the introduction of the Central Act in Part A State of Travancore-Cochin with effect from 1/04/1950 inter alia on the ground that it was Void ab initio in asmuch as it was purported to be issued under the Act which stood repealed from 1/04/1950 In that context the Supreme Court was required to consider as to what was the import of the expression corresponding law used in sec. 13 (2) of the Finance Act 1950 The Kerala High Court dismissed the petition of the different tobacco dealers who were challenging the validity of the said notification and the rules on the ground that the rules were in force and were justifiable under item 62 of List II of the Seventh schedule. The High Court did not deal with what is the effect of sec. 13 (2) of the Finance Act on the Cochin Act or Travancore Act with effect from the coming into force of the Finance Act 1950 Sec. 11 (1) of the Finance Act extended the Central Act and the rules and orders made thereunder which were in force immediately after the commencement of the Finance Act to all part B States except Jammu and Kashmir. Sec. 13 (2) of the Finance it specifically provided that from 1/04/1950 any law corresponding to Central law will be repealed from that date. Sec. 13 (2) of the Finance it specifically provided that from 1/04/1950 any law corresponding to Central law will be repealed from that date. The contention on behalf of the dealers was that Cochin Act as well as Travancore Act was a law corresponding to Central Act therefore stood repealed as from 1/04/1950 The Supreme Court speaking through Wanchon J. observed as under in paragraph 11 at page 925:" It was pointed out by this Court in Custodian of Evacuee Property v. Abdul Shakoor AIR 1961 1087 that where the Act repealed provides substantially for all matters contained in the Act effecting the repeal there is correspondence between the two Acts and the earlier Act would thus stand repealed; it is not necessary that there should be complete identity between the repealing Act and the Act repealed in every respect. Therefore when sec. 13 (2) of the Finance Act provides that on the. extension of the Central Act from 1/04/1950 to the part B State of Travancore-Cochin any law corresponding to the Central Act is repealed with effect from that date all that we have to see is whether the law repealed substantially provided for the same matters as the Central Act even though it may not be identical in all respects. (emphasis supplied)" ( 10 ) IN order to determine the contentions urged on behalf of the State Government it would be necessary to consider whether sec. 19 is a case of an express repeal or repeal by necessary implications. What are the methods of express repeal is indicated in Craies on Statute Law 7 Edition at page 350under the caption Methods of express repeal. A repeal schedule is annexed to all Acts so as to after the statute law on a subject. In some of the statutes a provision is inserted to the effect that all provisions inconsistent with the Act repealed or all Acts and parts of Acts in connect with the provisions of these Acts are hereby repealed. Similarly a provision contained in a codifying statute expressly repealed all former Acts within the purview of the new Code. All these express methods of repeal create problems almost as difficult as those created by implied repeal (vide: Statutory Construction by Crawford p. 626 ). Though these are some of the express methods of repeal they have been treated for all intents and purposes as repeal by implications. All these express methods of repeal create problems almost as difficult as those created by implied repeal (vide: Statutory Construction by Crawford p. 626 ). Though these are some of the express methods of repeal they have been treated for all intents and purposes as repeal by implications. The follo-wing principles digested in Statutory Construction by Crawford is this respect read as under :". . . As we have previously pointed out there is considerable justification for regarding a repeal caused by such a statutory provision as a repeal by implications. Provision of this character leave the question open as to what laws are inconsistent. This is equally true even where inconsistent statutes are enacted. In either case whether the repealing act contains a provision that all inconsistent acts are repealed or not all pre-existing inconsistent acts are necessarily abrogated. As a result the rules of law which apply to implied repeals generally will be applicable to repeals caused by the use of the expression all acts or parts of acts inconsistent here with or expressions of similar import. (Art. 307 at page 628 in Crawfords Statutory Construction)". ( 11 ) IN Craise on Statute Law Seventh Edition under the caption Methods of express repeal at page 350 the following observation is illustrative:"it is now usual to annex a repeal schedule to all Acts which considerably alter the statute law by which means many doubts as to the inconsistency of enactments are settled by Parliament. In some cases a provisions is inserted to the effect that all provisions inconsistent with the Act are repealed by which lawyers are simply put on inquiry as to inconsistency or left to wait till by a Statute Law Revision Act the virtually repealed enactments are expurgated; for an Act repealing all enactments inconsistent with itself really goes to further than the general law". ( 12 ) IN Garnett v. Bradlay (1878) 3 App. Cas 844. Lord Blackburn has expressed this difficulty in the following terms:mr. Greaves pointed out in 1961 as to the Statute Book as he knew it that there are many instances in which even direct repeals which refer to the enactment intended to be repealed are so worded that it is impossible to ascertain how much of the old statutes are repealed. Here there must be actual legislation fix what is and what is not repealed. Here there must be actual legislation fix what is and what is not repealed. A second class of repeals consists in repealing in express terms every enactment inconsistent with the Act in which the repeal is found without referring to any Act at all; so that doubt is thrown on every previous enactment and it must be compared with the whole and every part of the repealing Act to ascertain whether it is repealed or not. Such repealing clauses are nearly as bad as implied repeals which abound in the Statute Book and are the most difficult of all to ascertain". Since the expression corresponding law is one lacking precise import the principles of interpretation of statute which apply to implied repeals generally will be applicable to such repeals caused by the use of such expression on the accepted principles or authority as observed by Lord Blackburn in Garnetts case (supra ). By and large two questions will arise: (i) whether the new law is intended as a substitute for the old; or (ii) whether the new is irreconcilably inconsistent with the old so that the former is thereby terminated. In the ultimate analysis what is the legislative intent is the determining factor whether the old law shall cease or whether it shall be supplemented (vide: Statutory Construction by Crawford Act. 308 page 628 ). It is also settled on principle that Courts will not recognize an implied repeal unless the intent to repeal clearly appears and the presumption is always against the intention of the Legislature to repeal the legislation by implication. This presumption is rebatted if it is shown that new law is inconsistent with or repugnant to the old law (vide: Municipal Council. Palai v. T. J. Joseph AIR 1963 SC 1561 ). The Court would generally strive to avoid a repeal by implication by either resorting to reasonable or harmonious Construction. What is the extent of inconsistency or repugnancy between the two statutes which would warrant a legislative intent to supplant or repeal the earlier statute is indicated in Article 311 at page 631 of Statutory Construction by Crawford. It provides as under:"the inconsistency or repugnancy between two statutes necessary to supplant or repeal the earlier one must be more than a-mere difference in their terms and provisions. It provides as under:"the inconsistency or repugnancy between two statutes necessary to supplant or repeal the earlier one must be more than a-mere difference in their terms and provisions. There must be what is often called such a positive repugnancy between the provisions of the old and the new statutes that they cannot reconciled and made stand together. In other words they must be absolutely repugnant or irreconcilable". Otherwise there can be no implied repeal as we have pointed out in the preceding section for the intent of the legislature to repeal the old enactment is utterly lacking. Since there is a presumption against an implied repeal and since the court will seek to avoid such a repeal by any fair and reasonable construction the inconsistency must be clear manifest and irreconcilable". Another rule of law which is so well-entrenched by the recognized principles of interpretation is that it is not by itself sufficient to warrant an implied repeal merely from a fact that a later enactment relates to the same subject matter as that of an earlier one. The rule has been succinctly pointed out by Crawford in Statutory Construction in Article 312 at page 634 as under:". . . . . . . AN implied repeal will not take place under these circumstances unless the new statutes are inconsistent and irreconcilable or unless the new statute is clearly intended as a complete substitute for the old one The court will endeavor to give both effect if possible. In other words there must be some expression of the legislative intent to repeal the existing statute. The two statutes must repeal the existing statute. The two statues must relate to the same subject matter and have the same purpose. And as we have already suggested it is essential that the new statute cover the entire subject matter of the old otherwise there is no indication of the intent of the legislature to abrogate the old law. Consequently the later enactment will be construed as a continuation of the old one. . . . . . "the court in American Bakeries Company v. Haines City (Fla.) (180 So. Consequently the later enactment will be construed as a continuation of the old one. . . . . . "the court in American Bakeries Company v. Haines City (Fla.) (180 So. 5241 has succinctly stated the law relating to implied repeals so far as subject matter is concerned: an intent to repeal prior statutes or portions thereof may be made apparent where there is a positive and irreconcilable repugnancy between the provisions of a later enactment and these of prior existing statutes But the mere fact that a later statute relates to matters covered In whole or in part by a prior statute does not cause a repeal of the older statutes. If the statutes may operate upon the same subject without positive inconsistency or repugnancy in the practical effect and consequences they should each be given the effect designed for them unless a contrary intent clearly appears. An illustration of this principle will be found in United States v. Bruno (25 Fed. Supp. 793) where a statute penalizing the false procurement of naturalization was held not impliedly repealed by a statute penalizing false swearing in naturalization proceedings since there was nothing inconsistent between the two statutes. The question at this juncture might be asked; what is the reason for the rule now under discussion ? An answer has been given in a relatively recent case Meek v. Wheeler County (-Tex - 125 S. W. (2) 331):it undoubtedly is true that a construction which repeals former statutes by implication is not to be favoured; and it is also true that statutes in pari materia and relating to the same subject are to be taken and construed together; because it is to be inferred that they had one object in view and were intended to be considered as constituting one entire and harmonious system. But when the new statute is itself comprehends the entire subject and creates a new entire and independent system respecting that subject matter it is universally held to repeal and supersede all previous systems and laws respecting the same subject matter (emphasis supplied)" ( 13 ) THIS last rule which I have set out from Crawfords statutory Construction has been quoted with approval in Municipal Council. Palais case (supra) by the Supreme Court. In Municipal Council Palais case the Supreme Court indicated three broad tests to determine whether there is a repeal by necessary implication. Palais case (supra) by the Supreme Court. In Municipal Council Palais case the Supreme Court indicated three broad tests to determine whether there is a repeal by necessary implication. Firstly whether there is a positive and irreconcilable repugnancy between the provision of old and new statute. Secondly whether the two statutes relate to the same subject matter and have the same purpose and thirdly whether the new statute purports to replace the old one in its entirety or only partially. Another rule of law recognized in the principles of interpretation is that the enactment of a general law broad enough in its scope and application to cover the field of operation of a special or a local statute will generally not repeal a statute which limits its operation to a particular phase of the subject covered by the general law to particular locality within the jurisdiction scope of general statute (vide: Sutherland on Statutory Construction Vol. 1 3 Edi. 436 ). This rule is also quoted with approval by the Supreme Court in Municipal Council Palais case (supra ). ( 14 ) IT is in light of these well recognized principles of construction of statutes that I have to consider whether the learned City Civil Judge was right in reaching the conclusion that sec. 202 of the Code was repealed by necessary implication in light of the provisions contained in sec 19 of the Public Premises Act. With all due respects to him it is not possible for me to agree with the view which he has been persuaded to take in the matter. The reasons for my disagreement are obvious. IQ the first place even assuming that the Public Premises Act relates to the same subject matter as that of the Code this would not be sufficient to warrant the conclusion of an implied repeal of similar provisions of the Code. It is difficult to urge successfully that the provisions of summary eviction in the Code as provided in sec. 79a thereof and sec. 4 of the Public Premises Act are inconsistent or irreconcilable. It is much more impossible to content that the Public Premises Act clearly intended to be a complete substitute for the subject matter of summary eviction of unauthorised occupants provided in the Code. 79a thereof and sec. 4 of the Public Premises Act are inconsistent or irreconcilable. It is much more impossible to content that the Public Premises Act clearly intended to be a complete substitute for the subject matter of summary eviction of unauthorised occupants provided in the Code. Unless therefore the provisions contained in the Public Premises Act cover the entire subject matter of summary eviction of unauthorised occupants in the Code it cannot be held that there is by necessary implication repeal of the provisions contained in sec. 202 of the Code. Having regard to purpose and the object of the Code which as apparent from the preamble is to consolidate and amend the law relating to Revenue Officers and to assessment and recovery of land revenue and to other matters connected with the land revenue legislation it is manifestly clear that the Public Premises Act which has been placed on the statute book to provide for eviction of unauthorised occupant from the public premises and other matters incidental thereof was not envisaged to comprehend the entire subject of unauthorised and wrongful occupation and summary eviction of such occupants on the revenue paying land of the Government. At this stage a brief reference to the subject of summary eviction for unauthorised or wrongful occupation of the revenue paying land as provided in the Code is necessary sec. 79a is the section which invests the power in the Collector for summary eviction of such persons. Sec. 79a reads as under:"79 Any person unauthorizedly occupying or wrongfully in possession of any land (A) to the use or occupation of which by reason of any of the provisions of this Act he is not entitled or has ceased to be entitled or (B) which is not transferable without previous sanction under sec. 73a or by virtue of any condition lawfully annexed to the tenure under the provisions of sec. 62 67 or 68 may be summarily evicted by the Collector. The other provisions of the Code which make the occupation unauthorised or wrongful are to be found in secs. 48 61 64 and 73aa. Sec. 48 (4) empowers the Collector or any Survey Officer to summarily evict any holder who uses or attempts to use any unalienated land liable to payment of land revenue for any prohibited purpose. Sec. 61 provides for penalties for unauthorised occupation of land. Para 4 of sec. 48 61 64 and 73aa. Sec. 48 (4) empowers the Collector or any Survey Officer to summarily evict any holder who uses or attempts to use any unalienated land liable to payment of land revenue for any prohibited purpose. Sec. 61 provides for penalties for unauthorised occupation of land. Para 4 of sec. 61 empowers the Collector to summarily evict any person unauthorisedly occupying any land which has been forfeited. Sec. 66 empowers the Collector to summarily evict the occupant or tenant or other person holding under or through him for putting the land to use for which it is not meant. Sec. 73aa empowers the Collector to summarily evict a person who has transferred it to a member of tribal class. Sec. 202 provides as stated above only the manner in which summary eviction can be enforced by the Collector. I have not been able to appreciate how the learned City Civil Judge has considered this provision contained in sec. 202 of the Code as a corresponding law or part thereof and therefore consequently repealed in light of the provision contained in sec. 19 of the Public Premises Act. The substantive and procedural law of summary eviction in the Code is a special law in respect of the Government land. It is no doubt true that public premises as defined in sec. 2 (f) of the Public Premises Act means any premises belonging to Government including any land which has been defined in the same terms as defined in the Code. It appears that the learned Judge was therefore persuaded to take the view that since the Public Premises Act provides for eviction from the public premises it would also take in its sweep the eviction of unauthorised occupants from the Government land and therefore the procedural law as laid down in sec. 202 of the Code being the same subject matter and therefore would amount to corresponding law and necessarily stood repealed. In my opinion the learned Judge overlooked the well-recognised rule of law of interpretation that enactment of a general law broad enough in its scope and application to cover the field of operation of a special or local statute will generally not repeal a statute which limits its operation to a particular phase of the subject covered by the general law. It is well-recognized on the principles of statutory construction that there is a presumption that local or special law will not be repealed though this presumption is liable to be rebatted and overcome by irreconcilable inconsistency between the prior special Act and subsequent general law or where the entire subject matter of the special Act is covered by the general law (vide): Art. 314 page 637 of Statutory Construction by Crawford ). No irreconcilable inconsistency has been spelt out by comparison of the relevant provisions of the Code and the Public Premises Act so as to rebut the presumption that special law contained in the Code was repealed by the general law contained in the Public Premises Act. It cannot be stated without violence to the language that the entire subject matter of summary eviction as provided in the Code is sought to be covered by the provisions in the Public Premises Act. I am therefore of the opinion that the learned Government Pleader was perfectly justified in urging all the three contentions set out above. The learned City Civil Judge was therefore clearly in error in holding that sec. 202 of the Code stood repealed by the provisions contained in sec. 19 of the Public Premises Act and therefore the impugned notice is bad. The learned City Civil Judge has granted the decree on this short ground only and therefore the judgment of the order of the learned City Civil Judge requires to be set aside. ( 15 ) THE matter shall therefore go back to the City Civil Court Ahmedabad which will dispose of the matter on other issues after giving opportunities to the parties to adduce evidence in support of their rival contentions that might have been raised or that may be required to be raised in light of the pleadings of the parties. ( 16 ) THE result is that this appeal is allowed and the judgment and decree of the learned City Civil Judge Ahmedabad is set aside and the matter is remanded for carrying out the directions as given above. Having regard to the fact that this is a question of interpretation of the statutes there should be no order as to costs in this appeal. Appeal allowed. .