AIR 1967 MADHYA PRADESH 265 ::1967 MPLJ 564 ::1967 JabLJ 581

Madhya Pradesh High Court

Hon'ble Judge(s): P. V. Dixit , C.J. AND R. J. Bhave , J

(A) Madhya Pradesh Accommodation Control Act (41 of 1961) , S.12(1), S.51— Houses and Rents - Scope - S.12(1) is prospective in operation - Extension of Act to Jabalpur Cantonment area by a Central Government notification - Although Act is not retrospective and does not apply to suits pending on date of notification, validly instituted suit for eviction filed before extension of Act could be continued in view of the fact of its being a vested right of Plaintiff. Second Appeal No. 131 of 1966, D/-21-09-1966 - (MP) Overruled. Cantonments (Extension of Rent Control Laws) Act (46 of 1957) , S.3— Constitution of India , Art.246, Sch.VII List I Entry 3— Transfer of Property Act (4 of 1882) , S.105, S.106— The Plaintiff filed a suit for eviction of his tenant at a time when there was no Accommodation Control Act in force in the Jabalpur Cantonment Area. The M. P. Accommodation Control Act, 1961, was extended to Jabalpur Cantonment Area during the pendency of the suit, by a Central Government notification dated 13-6-1964 issued under S. 3 of the Cantonments (Extension of Rents Control Laws) Act. The notification deleted S. 51 of the 1961 Act, which in its turn applied Accommodation Control Act 23 of 1955 to pending suits, in its applicability to the Cantonment Area. The appellant-tenant contended that by deletion of S. 51 in the notification there was....