BALKISHAN Vs. SUBASH CHAND AND ANR.

JUDGEMENT

(1.) THIS judgment will dispose of Regular Second Appeals Nos. 175 and 176 of 1960, both of which have been referred to a Division Bench by Grover, J. The principal question which calls for determination is whether notification No. 10665 -LB -53/057, dated the 19th January, 1957, issued by the State Government under Section 3 of the East Punjab Rent Restriction Act, 1949, exempts the buildings constructed in the years 1953, 1954 and 1955, with effect from the dates of their completion or from the date of the notification.

(2.) THE dispute arose in the following circumstances. Subash Chand, minor son of R.S. Hari Chand, with Shrimati Indra Devi, his mother as his next friend, brought two suits for ejectment, one against Darshan Lal (Suit No. 73 of 1959) and the other against Balkishan and Om Parkash (suit No. 74 of 1959) on the ground that two shops, which are the subject -matter of the suits, were let out to their respective tenants at a rental of Rs. 43 and Rs. 51 per month, respectively, and that the tenancies commenced on the first day of each English calendar month and ended on the last day thereof; that the shops were constructed in the year 1953 -54; that by virtue of notification No. 10665 -LB -53/957, dated the 19th January, 1957, issued by the Punjab Government, the said premises were exempted from the provisions of the East Punjab Urban Rent Restriction Act, 1949, and that the notices of ejectment had been duly served on the Defendants -Appellants.

(3.) THE notifications in question is in the following terms: