GHANISHAM DASS AND ANOTHER Vs. SOBHA SINGH

JUDGEMENT

(1.) The landlord petitioner has filed this petition against the order of the Appellate Authority Rohtak, dated 5th July, 1976, whereby the order of the Rent Controller dismissing his ejectment application was maintained.

(2.) The landlord sought ejectment of his tenant on the grounds that he requires the premises in dispute for his own use and occupation and, secondly that the building has become unsafe and unfit for human habitation. The petition was contested by the tenant-respondent. It was pleaded in the written statement that the premises in dispute is not a residential building ; rather it is Gurdwara Sahib and he is its Granthi Manager. He further pleaded that the building is not in a dilapidated condition; rather it is in intact position and is properly maintained. He also pleaded that the application of the landlord filed earlier on these very grounds was dismissed by the Rent Controller and the said order was maintained in appeal, and, therefore, the present application is barred under the principle of res judicata. On the pleadings of the parties, the following issues were framed :

(3.) The learned counsel for the petitioner vehemently contended that it has been wrongly held by the Authorities below that the principles of res judicata are applicable to these proceedings, According to him, Section 14 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act), only applies to the applications which were finally decided under this Act. According to the learned counsel, the earlier proceedings were not taken under this Act as this Act came into force on 25th April, 1973; whereas the earlier application was filed on 14th May. 1971.