Prospective operation of substantive amendments and revisional review upheld in a rent eviction dispute.

Amendments to revisional jurisdiction applied to pending proceedings because no right to insist on finality of an order arises before the order is actually made, so the High Court could entertain revision under the amended Section 15. The amended eviction ground did not apply retrospectively, as it affected substantive rights and no express or implied retrospective intent was shown, so pending eviction matters remained governed by the unamended provision. The landlord's bona fide requirement for reconstruction was upheld because the revisional power extended to reviewing legality or propriety, and the evidence showed prompt municipal sanction and genuine reconstruction steps.

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Issues: (i) whether the amended revisional jurisdiction under Section 15 of the East Punjab Urban Rent Restriction Act, 1949 applied to pending proceedings; (ii) whether the amended ground for eviction under Section 13(3)(a)(iii) applied retrospectively to pending eviction proceedings; and (iii) whether the High Court was justified in interfering with the finding on the landlord's bona fide requirement for reconstruction.

Issue (i): whether the amended revisional jurisdiction under Section 15 of the East Punjab Urban Rent Restriction Act, 1949 applied to pending proceedings.

Analysis: The amendment substituted the earlier finality clause with a power in the High Court to call for and examine records for legality or propriety. The right to insist on finality of an interlocutory or appellate order does not accrue before the order is actually made, and a pending matter can therefore be governed by the amended revisional provision. The governing principle was that finality becomes an existing right only when the determination is in fact made.

Conclusion: The amended revisional provision applied, and the High Court had jurisdiction to entertain the revision.

Issue (ii): whether the amended ground for eviction under Section 13(3)(a)(iii) applied retrospectively to pending eviction proceedings.

Analysis: The amendment materially restricted the landlord's substantive right to recover possession and was not merely procedural. An amendment affecting vested substantive rights is ordinarily prospective unless retrospective operation is expressly provided or necessarily implied. No such express language or necessary implication was found, and the drastic effect on pending matters reinforced the prospective construction.

Conclusion: The amended ground for eviction did not apply retrospectively to pending proceedings.

Issue (iii): whether the High Court was justified in interfering with the finding on the landlord's bona fide requirement for reconstruction.

Analysis: The revisional power under Section 15(5) permitted examination of legality or propriety, which was wide enough to review the authorities' finding. On the evidence, the landlord had promptly obtained municipal sanction and had taken steps to reconstruct the building, supporting the conclusion that the requirement was genuine. The earlier authorities had proceeded on the mistaken assumption that the amended eviction ground governed the case.

Conclusion: The High Court was justified in holding the landlord's requirement bona fide and in interfering with the contrary findings below.

Final Conclusion: The appeal failed because the revised revisional jurisdiction was available, the amended eviction ground was not retrospective, and the landlord's bona fide need for reconstruction was established.

Ratio Decidendi: An amendment that affects substantive rights is prospective unless retrospective operation is expressly provided or necessarily implied, while a right to finality of an order does not arise until the order is actually made.

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