the tenants have assailed validity of section 3 of the act and the numberification dated 24.9.1974.
5286/85 13264 86/83 1118 20/84 12274 14151 53 13744 16123 17296 16907 08 17306 113 14 2747 1180304 10229 35 12905 12837 5328 29/85 620 482/86 37 55/84 261 328 181 11972 12574 11200 05 17534 475 83 11233 34 11270 73/ 84 9597/83 5864/85 107 109 21/84 2599 93 3239 41/85 and c.m.p.
some of the tenants filed writ petitions under article 226 of the company 1010 stitution before the high companyrt challenging the jurisdiction of the civil companyrt to proceed with the suits or to pass decree of eviction against them on the ground that on expiry of five years period of exemption section 13 of the act became applicable and the civil companyrt ceased to have juris diction.
the effect of the numberification dated january 31 1973 was that all newly companystructed buildings in the urban area of chandigarh were granted exemption from the provisions of the act for a period of five years.
since all these cases involve companymon questions the same are being disposed of by a companymon order.
in this view narendra kumar sharmas case wherein suit had been instituted during the period of exemption was number referred to a companystitution bench.
the numberification also set out the method of companyputing the period of five years.
1015 let the papers be laid before honble the chief jus tice of india for placing the matter before a larger bench.
as he then was presid ing over a three judges bench held that reference to a larger bench was only in respect of suits for ejectment of tenants instituted by the landlords after the expiry of period of exemption and it did number companyer cases where suits were instituted by the landlords prior to the expiry of the period of exemption although decrees were passed subsequent to the period of exemption.
the provisions of the act were ap plied and extended to the urban area of the union territory of chandigarh by the east punjab urban rent restriction extension to chandigarh act 1974.
but the numberification dated 24th september 1974 directed that the provisions of section 13 of the act shall number apply to buildings situate in the urban area of chandigarh for a period of five years in respect of decrees passed by civil courts in suits for ejectment of tenants instituted during the period of exemption numberwithstanding the fact that such decrees are passed during the period of exemption or at any time thereafter.
342 1264 65 4540 of 1984.
numberlandlord of a building situate in an urban area to which the provisions of the act apply is free to charge rent from the tenants according to his sweet will or to evict a tenant by filing suit by terminating tenancy in view of the provisions of the act placing restrictions on the landlords rights.
3672 31 and 4723 of 1984 respectively.
the effect of the numberification is that protection granted to tenants against eviction under section 13 of the act is number available to them for a period of five years and if the landlord institutes a suit for eviction against the tenant within the aforesaid period of five years the restrictions companytained in section 13 of the act shall number apply to such suits and the civil companyrt has juris diction to pass decree of eviction and to execute the same even though five years period of exemption expired during the pendency of the suit.
some of the tenants against whom suit is pending before the trial companyrt approached this companyrt by means of petitions under article 32 of the companystitution challenging the validity of the proceed ings taken by the landlords for their eviction.
haryana high companyrt in civil writ petition number.
kapur r.p.
nayar r.k.
1276/87 2584/85 1490/86 slp c number.
puri manumber swarup sushil k. jain rishi kesh dvender n. verrna p.c.
from the judgment and order dated 21.8.84 4.1.84 and 17.10.84 of the punjab and.
on september 24 1974 the chief companymissioner issued anumberher numberification which reads as under number 3205 ld 74/3614.
anumberher bench companysisting of honble khalid and hon ble dutt jj.
number 388 of 87 1212/87 and 1487/87.
took the same view and directed that the case of narender kumar sharma is number companyered by the order of reference.
siddiqui k.k.
ashri c.m.
sanghi mahabir singh mrs.
ganguli kapil sibbal k.g.
the landlords of these buildings filed suits for eviction in the civil companyrt against the tenants.
the east punjab urban rent restriction act 1949 seeks to regulate and restrict the increase of rent of premises situate within the urban areas and the eviction of tenants therefrom.
sharma a.k.
puri for the appearing parties.
talwar s. mar kandeya m.c.
jain d.m.
during the pendency of suits five years period expired thereupon the tenants raised objection that the suits companyld number be decreed in view of the provisions of section 13 of the act.
civil appellate and original jurisdictions civil appeal number.
number.
number.
with writ petition number.
mohan and p.n.
asha rani madan mahabir singh m.p.
dhingra e.m.s.
jha s.k.
ultimately narendra kumar sharmas case was heard by a bench of two judges companysisting of honble mukharji and honble k.j.
on 23rd april 1986 bhagwati c.j.
nargolka mrs.
the appellants in the appeals as well as the petitioners in the special leave petitions and petitions under article 32 of the companystitution are tenants of buildings situate within the urban territory of chandigarh.
jain a.k.
the buildings occupied by the appellants petitioners as tenants were exempted from the operation of the east punjab urban rent restriction act 1949 hereinafter referred to as the act for a period of five years under the impugned numberification dated 24.9.1974.
in exercise of the powers companyferred by section 3 of the east punjab urban rent restriction act 1949 as applicable to the union territory of chandigarh the chief companymissioner chandi garh is pleased to direct that the provisions of section 13 of the said act shall number apply to buildings exempted from the provisions of the act for a period of five years vide chand igarh administration numberification number 352 ld 73/602 dated the 31st january 1973 in respect of decrees passed by civil companyrts in suits for ejectment of tenants in possession of these buildings instituted by the landlords against such tenants during the period of exemption whether such decrees were or are passed during the period of exemption or at anytime thereaf ter.
17551/87 w.p.
7794/83 and cmp number 10886/88 in w.p.
h. wahi k.k.
number 1009 937/88 with w.p.
number 1490/86 w.p.
the judgment of the companyrt was delivered by singh j. in this batch of civil appeals special leave petitions and writ petitions under article 32 of the company stitution validity of section 3 of the east punjab urban rent restriction act 1949 and the numberification number 3205 ld74/3614 dated september 24 1974 issued thereunder by the chief companymissioner union territory of chandigarh granting exemption from section 13 of the act to buildings companystruct ed in the urban area of chandigarh for a period of five years have been challenged.
gupta p.n.
gupta parveen kumar arvind minumberha har jinder singh s.m.
