SAT NARAIN Vs. NARAIN DASS AND ANOTHER

JUDGEMENT

(1.) THIS second appeal must partially succeed on the short ground that the relief given to the Plaintiff -Respondent by the Court below stands nullified by the substituted Sub -section (3) of Section I of the Haryana Urban (Control of Rent and Eviction) Act, 1973.

(2.) THE Plaintiff -Respondent claimed construction and completion of a non -residential building after March 31, 1962, which he rented out to the Defendant -Appellant on March 19, 1966. Foundationally, it was a building to which the Haryana Urban (Control of Rent and Eviction) Act, 1973 did not apply by virtue of Section I, Sub -section (3), which was in the following terms:

(3.) IN the result, the appeal is partially accepted to the extent that the suit of the Plaintiff -Respondent for possession of the suit property stands dismissed, but would stand decreed vis -a -vis the sum of Rs. 2,400/ -, as arrears of rent. The judgment and decrees of the Court below are modified to the extent indicated. No costs.