AMARJIT SINGH Vs. K.D. SHARMA & SONS

JUDGEMENT

(1.) Both the above captioned appeals have been taken up together for disposal as the similar controversy is involved therein.

(2.) The point in issue in these appeals is about the jurisdiction of the Civil Court if the suit is filed by the landlord seeking possession of the property situated within urban area which have been exempted from the provisions of East Punjab Urban Rent Restriction Act, 1949 (in short, Rent Act)for a specific period and suit was filed by the landlord during the period of that exemption under the provisions of Transfer of Property Act,1882 but during the pendency of the suit or appeal the exemption allowed ceases and the provisions of Rent Act have become applicable to that urban area.

(3.) The property in dispute is situated in SAS Nagar, Mohali which was declared a notified area on 28.12.1983 under Section 241 of the Punjab Municipal Act, 1911, therefore, the area of Mohali, administered by Municipal Council, Mohali, came under the category of urban area governed by the Punjab Municipal Act, 1911 as amended from time to time and the Rent Act became applicable to urban area of Mohali soon after the Notified Area Committee was constituted. The State Government vide notification dated 09.02.1984, exercising its powers under Section 3 of the Act exempted applicability of the provisions of the Rent Act to the building and rented land situated in the urban area administered by notified area committee, SAS Nagar, Mohali for the period commencing from 28.12.1983 till 31.03.1995. This exemption was extended from 01.04.1995 to 31.03.2000 vide notification dated 21.02.1997 and again from 15.04.2000 to 31.03.2005 vide notification dated 10.04.2001. The provisions of the Rent Act are applicable to the buildings and rented lands situated in the urban area administered by Municipal Council, SAS Nagar, Mohali w.e.f. 01.04.2005