The appeal purported to be under s. 34 of the Act of 1952.
On 9th February, 1959, the Delhi Rent Control Act, 1958 No.
59 of 1958 hereinafter referred to as the Act of 1958, came into force and became applicable to the premises which were the subject matter of the pending suit.
Appeal by special leave from the judgment and order dated July 21, 1966 of the Punjab High Court Circuit Bench at Delhi in Civil, Revision No.
On 13th March, 1961, the appellant, relying on the provisions of s. 50 2 of the Act of 1958, filed an application before the trial Court requesting it to hold that the suit had abated on the ground that the suit related to premises the companystruction of which had been companypleted after the 1st day of June, 195 1, but before the 9th day of June, 1955.
The suit, as originally instituted, was clearly a case under s. 33 of the Act of 1952 which is as follows 33.
The revision filed by the appellant before the Circuit Bench of the High Court of Punjab at Delhi failed, and the appellant has number companye up to this Court by special leave in this appeal.
The appellate Court held that the order passed by the trial Court was number an order under the Act of 1952, but an order under the Act of 1958, so that numberappeal lay, and dismissed the appeal on the ground of number maintainability.
The trial Court, after taking into account the evidence, recorded a finding that the appellant had failed to prove that the premises had been companypleted during this period mentioned in s. 50 2 of the Act of 1958, and, companysequently, rejected the application and held that the suit was to proceed on merits.
319 D of 1965.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Pritam Singh Safeer, for the appellant.
38 of 1952 hereinafter referred to as the Act of 1952, on the 27th February, 1958.
Against that order, the appellant filed an appeal before the District Court which was heard by the Additional Senior Sub Judge exercising enhanced appellate powers in Delhi.
2207 of 1966.
The Judgment of the Court was delivered by Bhargava, J. A suit for ejectment on the ground of failing to pay arrears of rent was instituted against the appellant, Bant Singh Gill, by the respondents under the provisions of the Delhi and Ajmer Rent Control Act, 1952 No.
P. Mahajan and Lily Thomas, for the respondents.
