MOHINDER LAL Vs. SAROJ KUMARI VERMA

JUDGEMENT

(1.) Leave granted.

(2.) The core question that arises for determination in this case is whether the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') was applicable to the building in question on the date of filing of the suit If the question is answered in the affirmative the suit is not maintainable; if on the other hand the answer to the question is in the negative then the suit is maintainable.

(3.) Suit property relates to the shop-cum-office No. 84, Sector 17-C, Chandigarh. Undisputedly, the respondent herein is the landlady and the appellant is the tenant in respect of the suit premises. The respondent filed Civil Suit No. 57 of 1982 for ejectment of the appellant from the suit property and for recovery of Rs. 4,500 on account of the arrear and rent/damages. The respondent inducted the appellant as a tenant of the suit premises on monthly rent of Rs. 1,500 on 5th May, 1973. The respondent terminated the lease and filed the suit for ejectment on 13-1-1978. It is the case of the respondent that the building is exempted from the provisions of the Act, as applicable to Chandigarh for a period of 5 years from the date of the sewerage connection which was given to the building on 24-2-1973.