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2016 DIGILAW 256 (JHR)

Vijay Kumar Sinha v. Raj Kiran Singh

2016-02-05

AMITAV K.GUPTA

body2016
ORDER : Mr. Manjul Prasad, learned senior counsel, in course of argument, has raised the question whether the second appeal is maintainable after coming into force of Jharkhand Buildings (Lease, Rent & Eviction) Control Act, 2011 as the words and expression of Section 47 categorically states that anything done or any action taken in exercise of any powers conferred by or under the Repeal Act, shall be deemed to have been taken under this Act, as if this Act was in force on the day on which such thing or action was done or taken. 2. Learned senior counsel has submitted that if such words are to be interpreted literally then in terms of Chapter – VII of the Act, the powers of the controller and appellate authority and the revisional authority have been enumerated under Sections 32, 36 and 37. Thus in view of the language of the statute whether the suits pending in the trial court, appeal preferred against the judgment rendered in the suit would lie before the lower lower appellate court likewise whether the second appeal or revision would be entertainable by this Court. Learned senior counsel has also pointed out that in some of the Acts, e.g., Debt Recovery Tribunal Act, Hindu Succession Act, etc., there is a sunset clause meaning thereby provision has been made that any order or action taken earlier under the provisions of repealed Act shall be governed by provisions of repealed Act, but no such saving clause has been incorporated in the present Act. It is pointed out that Section 46 has been inserted and power to remove difficulty in the implementation of the corresponding provisions of the Act, can be issued by the State Government, but no such notification or instruction as required has been issued by the State Government even after the date of the notification, i.e., 15.04.2015, of this Act. 3. The question raised by the learned senior counsel appears to be pertinent in view of the language and expression of Section 47 of the Act and it requires to be addressed as there are suits pending in the trial court and appeal, revisions, and second appeals in various forums. For better appreciation of the matter it is deemed necessary to array the State Government as party through the Principal Secretary -cum- Legal Remembrancer, Law Department, Government of Jharkhand. 4. For better appreciation of the matter it is deemed necessary to array the State Government as party through the Principal Secretary -cum- Legal Remembrancer, Law Department, Government of Jharkhand. 4. Learned counsel for the appellant is permitted to implead the Principal Secretary -cum- Legal Remembrancer, Law Department, Government of Jharkhand as respondent in course of the day. The Principal Secretary -cum- Legal Remembrancer, Law Department, Government of Jharkhand shall file reply on the aforementioned question and also with respect to the steps taken by the State Government on the following issues in terms of the provisions of the Act of 2011:- (i) Whether any rule has been framed as contemplated under Section 45 of the Act ? (ii) What would be the procedure to be adopted while hearing an application under Section 19(i) of the Act ? (iii) What would be the procedure to be followed in execution of orders under Section 39 of the new Act? (iv) What would be the fate of suits and first appeals which are pending since prior to the coming into force of this Act ? (v) Since there is no provision for second appeal under the new Act, what would be the fate of the same under the new Act ? (vi) Where would an execution application lie for executing the decree passed by the Civil Court under the old Act ? 5. Let the Government also submit a report on getting details from the 24 District Rent Controllers, with regard to the actual procedure followed by them, while entertaining an application under Section 19(1) of the Act. 6. Let a copy of this order be served upon the Advocate General for filing the reply in the matter as enumerated above. 7. Learned counsel for the appellant shall serve two copies of the memo of appeal along with the necessary judgments to the learned Advocate General. 8. Put up this case on 26.02.2016.