1947 (2) TMI 24 - HC - Indian Laws

Validity of Punjab Restitution of Mortgaged Lands Act, 1938 confirmed under legislative competence

Megh Raj and another Versus Allah Rakhia and others

The judgment upheld the validity of the Punjab Restitution of Mortgaged Lands Act, 1938, ruling that it fell within the legislative competence of the ... - Issues:1. Validity of the Punjab Restitution of Mortgaged Lands Act, 1938.2. Whether the Act is ultra vires of the Punjab Legislature under the Government of India Act, 1935.3. Applicability of Sections 100 and 107 of the Government of India Act, 1935.4. Interpretation of Items 2 and 21 of the Provincial Legislative List.5. Whether the Act conflicts with existing Indian laws under the Concurrent Legislative List.Detailed Analysis:1. Validity of the Punjab Restitution of Mortgaged Lands Act, 1938:The appellants, as mortgagees, sought a declaration that they were in possession of certain lands and that the defendants (mortgagors) could not redeem the lands without paying the mortgage debt. The appellants also sought an injunction to restrain the mortgagors from prosecuting their petition for redemption under the Punjab Act 4 of 1938. The Federal Court of India and the Full Bench of the High Court at Lahore both ruled in favor of the respondents, dismissing the appellants' claims.2. Whether the Act is ultra vires of the Punjab Legislature under the Government of India Act, 1935:The main issue was whether the Punjab Restitution of Mortgaged Lands Act, 1938, was void as being ultra vires of the Punjab Legislature. The impugned Act aimed to provide relief to mortgagors by allowing them to reclaim mortgaged lands on more favorable terms and through a summary procedure before the Collector, rather than through ordinary courts.3. Applicability of Sections 100 and 107 of the Government of India Act, 1935:The appellants argued that the Act was beyond the legislative powers of the Punjab Province under List 2 (Provincial Legislative List) and could not be supported by the Concurrent Legislative List due to repugnancy with existing Indian laws. They cited Sections 100 and 107 of the Government of India Act, 1935, to support their contention. Section 100 delineates the legislative powers of the Federal and Provincial Legislatures, while Section 107 addresses the precedence of laws in case of repugnancy between Provincial and existing Indian laws.4. Interpretation of Items 2 and 21 of the Provincial Legislative List:The respondents contended that the Act was within the legislative powers conferred by Item 21 of List 2, which pertains to 'Land, that is to say, rights in or over land, land tenures, including the relation of landlord and tenant, and the collection of rents; transfer, alienation and devolution of agricultural land; land improvement and agricultural loans; colonization; Courts of Wards; encumbered and attached estates; treasure trove.' They also referred to Item 2, which deals with the 'Jurisdiction and powers of all Courts except the federal Court, with respect to any of the matters in this list; procedure in Rent and Revenue Courts.'The judgment concluded that the term 'land' in Item 21 should be given a broad interpretation, including all forms of land, whether agricultural or not. The specific mention of agricultural land in certain parts of Item 21 does not limit the general scope of the term 'land.' The Act's provisions, being related to agricultural land, fell within the legislative competence of the Punjab Legislature under Item 21 and were ancillary to the subject of land.5. Whether the Act conflicts with existing Indian laws under the Concurrent Legislative List:The appellants argued that the Act conflicted with existing Indian laws, such as the Indian Contract Act and the Code of Civil Procedure, thus rendering it invalid under Section 107. However, the judgment noted that the Act dealt with agricultural land, which is excluded from the Concurrent Legislative List's entries on civil procedure, wills, and contracts. Therefore, the Act did not conflict with existing Indian laws and did not require invoking powers from the Concurrent Legislative List.Conclusion:The judgment held that the Punjab Restitution of Mortgaged Lands Act, 1938, was valid and within the legislative competence of the Punjab Legislature under Items 2 and 21 of the Provincial Legislative List. The Act did not conflict with existing Indian laws, and questions of repugnancy under Section 107 of the Government of India Act, 1935, did not arise. Consequently, the appeal was dismissed, and the appellants were ordered to pay the costs of the appeal.