PRABHA SEHGAL Vs. GANPATI BALAJI ENTERPRISES

JUDGEMENT

(1.) The Regular Second Appeal in the States of Punjab, Haryana and Union Territory, Chandigarh, is governed by Sec. 41 of the Punjab Courts Act, 1918 and not by Sec. 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs vs. Chandrika and others, (2016) 6 SCC157.

(2.) The appellants herein are the landlords, whereas, the respondents are the tenants. The relationship between the parties as landlords and tenants is not in dispute. The landlords filed a suit for possession after terminating the tenancy. They claimed that in view of sub-sec. (3) of Sec. 1 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter be referred to as 'the 1973 Act'), a newly constructed building is exempt from applicability of the 1973 Act for a period of 10 years. On the other hand, the respondents claim that the building was completed in the year 1999, therefore, the 1973 Act is applicable.

(3.) Hence, the question arises as to the relevant date on which the construction of the building was completed. Sec. 1(3) provides that a new building shall be exempt from the applicability of the Act of 1973. In these circumstances, the date of completion of the building assumes significance.