BALWANT SINGH Vs. NEKI RAM

JUDGEMENT

(1.) THIS case has been placed before the Division Bench for determination of the following question of law :-

(2.) FIRST of all, we may notice the background in which the learned Single Judge has referred the aforementioned question to the larger Bench.

(3.) BY an order dated 29.5.1981, the Rent Controller dismissed the eviction petition. He held that even though the fair rent fixed vide order dated 15.9.1979 became payable by the tenant w.e.f. 27.2.1975 i.e. the date of application filed under Section 4 of the Act, in view of the embargo contained in second proviso to Section 13(2)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short, the Act), the petitioner are not entitled to claim arrears of rent for a period exceeding three years immediately preceding the date of application i.e. 25.9.1980. In support of the conclusion, the Rent Controller relied on the judgment of this Court in Jaswant Singh v. Chuni Lal, 1980(1) RCR (Rent) (Pb. and Hry.) 710 in which a learned Single Judge interpreted Sections 4 and 13 or the Act and held as under :