HARI CHAND Vs. NIRANJAN SINGH

JUDGEMENT

(1.) HARI Chand, who was the tenant of a certain shop in Mandi Bahadurgarh at a rent of Rs. 525 per annum, applied to the Rent Controller, Malerkotla, under Section 4 of the East Punjab Urban Rent Restriction Act, 1949, (Act No. 3 of 1949), for fixation of fair rent of the shop at Rs. 10 per mensem. Mandi Bahadurgarh was originally a part of a village in Ludhiana District but by a notification, dated the 26th March, 1959, issued under Sub -section (3) of Section 5 of the Punjab Municipal Act, 1911, the area in dispute was included within the municipal limits of Ahmadgarh. The landlord resisted the application for fixation of fair rent on the ground that the Act was not applicable. The Rent Controller framed the following preliminary issues:

(2.) THE first issue was found by the learned Rent Controller against the tenant and the second in his favour with the result that the application was dismissed. The tenant went up in appeal to the appellate authority under the Act (District Judge, Barnala), who upholding the finding of the trial Court on the point of jurisdiction, dismissed the appeal. Hence this revision petition.

(3.) THE Courts below were of the view that the extension of the municipal limits of Ahmadgarh to the area in which the shop in dispute is situated, would not bring that area within the definition of "urban area" inasmuch as that extension was made long after the Act had been brought into force. The Act of course, came into force on the 25th March, 1949; but I do not see why its operation should be restricted only to those areas which were included within the limits of municipal committee the cantonment board, a town committee or a notified area committee as they existed at the time of the enforcement of the Act. The definition of "urban area" makes it clear that any area falling within the limits of municipal committee or other local bodies as mentioned in that clause are to be deemed urban areas for the purpose of the Act and are to be synonymous with urban areas. It is significant that out of the very numerous municipal committees and other local bodies as mentioned in Clause (j) none was excluded from the operation of the Act.