K.N. Goyal, J. - (1.) This is a tenants revision directed against an order passed under O. XV, R. 5 of the Civil P. C., as substituted by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976, (U. P. Act No. 57 of 1976) (hereinafter referred to as the Uttar Pradesh Act). The order dated 3rd August, 1977, passed by the trial Court has been upheld on revision by the District Judge by his order dated 21st Feb, 1978.
(2.) On facts, it is undisputed before me that the provisions of O. XV, R. 5 are clearly attracted. Learned counsel for the applicant has however contended that this provision itself should be deemed to have been repealed by Section 97 (1) of the Civil P. C. (Amendment) Act, 1976, (Act No. 104 of 1976) (hereinafter referred to as the Central Act).
(3.) It may be noted here that U. P. Act 57 of 1976 received the assent of the President of India on Dec. 30, 1976, and that the Act was enforced with effect from Jan., 11, 1977. The Central Act had been passed and assented to' by the President even earlier, but it was enforced with effect from a later date namely, Feb. 1, 1977. Thus, although in point of time the Presidents assent was given to the Uttar Pradesh Act later, the legal effect of these different dates of enforcement is that for purposes of Cl. (2) of Art. 254 of the Constitution, the Central Act has to be treated as later in point of time. Accordingly, Section 97 of the Central Act will prevail over the Uttar Pradesh Act and not vice-versa. Section 97 (1) of the Central Act is as follows : "(1) Any amendment made, or any provision inserted in the principal Act by a State Legislature or a High Court before the commencement of this Act shall, except in so tar as such amendment or provision is consistent with the provisions of the Principal Act as amended by this Act, stand repealed.";