9911796707
TMI Blog1972 (3) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 3 of the Punjab Urban Rent Restriction Act 1949 (hereinafter called the Act') dated 30-7-1965, exempting such decrees from section 13 of the said Act were not complied with. An appeal against this judgment was unsuccessful. On a second appeal the High Court held that the decree was executable inasmuch as that decree was exempted under the notification. This appeal is by special leave against that judgment. Before we notice the conditions prescribed for the exemption of decrees of eviction against tenants from the provisions of the Act, it is necessary to refer to section 13 of the Act in so far as it is relevant and the notification exempting decrees obtained by certain categories of landlords from those provisions. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to encourage persons who had the means to build by exempting newly constructed building which were let out to tenants from rent control restrictions for a particular period. One of such legislations is the Act with which we are now concerned. Unlike other Rent Control legislations, this Act adopts rather a novel method, in that while it permits suits being filed and decrees obtained, it places restrictions against their execution except on specified grounds. In this case, however, we are not concerned with the novelty of the legislation or the hard- ship, expense and delay which is caused to the landlord or the tenant by the innovation adopted by it. We may now read the relevant provisions of section 13 which are as under :- " 13 (1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed land on such date as may be specified by the Controller and if the' 'Controller is not so satisfied, he shall make an order rejecting the application (c) x x x x x Provided that the Controller ipay give the tenant a reasonable times for putting the landlord in possession of the building or rented land and may extend such time so as not to exceed three months in the aggregate. (4) x x x x x (5) x x x x x The Government under section has been empowered to, direct that all or any of the provisions of the Act shall not apply to any particular building. or rented land or any class of building or rented lands. Pursuant to this power, the State Government was notifying exemptions from time to time during, a period of 20 years, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod of 5 years to be calculated from the dates of their completion provided during the said period suits had been instituted by the landlords against the tenants. There is no doubt, from the facts set out above, the building in respect of which exemption from the application of section 13 is being claimed, was completed in March 1960 and a suit had also been filed on 14th January 1963 before the expiry of the period of 5 years from that date. It is contended by the learned Advocate for the appellant that the decree in that suit having been passed on 14th August 1969 after the period of 5 years from the date of construction, the exemption from the restrictions placed by section 13 will not be available, because according to him not only the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the earlier notifications would show, that exemption of 5 years was given from the date when the building was constructed but by the impugned notification it was intended to confer the benefit by giving exemption of 5 years from a subsequent date, namely, the date of the institution of a suit, provided it was instituted within a period of 5 years from the date of the construction of the building. A closer reading of the notification would show ,that it was intended to clarify and provide a workable solution in respect of building constructed in 1959, 1960, 1961, 1962 and 1963. These buildings had already been exempted, from the pro- visions of section 13 by two earlier notifications, the first one in 1960 giving exemption upto 31-12-19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the filing of the suits and the, passing of the decrees would indicate that these suits should have been filed or are hereafter to be filed and likewise decrees of ejectment had been passed or are hereafter to be passed. In other words, the suits must have been already filed during the period of exemption or are to be instituted during such period. This language had to be used because the 5 years' exemption in respect of the buildings constructed in 1959 would end in 1964 while the notification was issued in 1965. There is no question of suits being; filed in respect of these buildings hereafter, as such decrees in suits filed before 1964 would be exempted. In respect of the buildings constructed in 1960, there would be some buildin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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