RAM KUMAR Vs. SHYAM SUNDER

JUDGEMENT

(1.) SHYAM Sunder filed application for ejectment of Ram Kumar from a shop situated within the municipal limits of Kalayat town under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter to be refereed as the Haryana Rent Act, 1973) in January, 1992. During the pendency of the ejectment application, the Government of Haryana promulgated notification in its official gazette dated 2.3.2000 whereby "Kalayat town" ceased to be a municipal town and it became the subject of the Haryana Panchayati Raj Act, 1994 (being a Gram Panchayat).

(2.) LOOKING to this notification, Ram Kumar made an application whereby he prayed for the dismissal of this ejectment petition, saying that with the promulgation of that notification, "Kalayat town" has ceased to be a municipal town and as such this shop is no longer subject to the provisions of the Haryana Rent Act, 1973, Ejectment application is not cognizable by the Rent Controller and as such this ejectment application cannot proceed further before the Rent Controller and it be dismissed and remedy of Shyam Sunder is to file suit for ejectment before the Civil Court under the general law of the land.

(3.) AGGRIEVED from this order dated 17.8.2000, Ram Kumar (tenant) has come up in revision to this Court.