RAJINDER KUMAR Vs. BASHESHAR NATH

JUDGEMENT

(1.) THIS order will dispose of six connected cases (Civil Revisions Nos. 325, 484 and 485 of 1962 and Execution Second Appeals Nos. 1145, 1146 and 1147 of 1962).

(2.) THE facts giving rise to these are - -Rajinder Kumar was the owner of three shops situate in Ludhiana, which were occupied by three tenants, Basheshar Nath, Thakar Singh and Messrs Panesar Mechanical Works (Private) Limited, Ludhiana, on a monthly rent of Rs. 105 each. On 28th October, 1959 a notice under Section 106 of the Transfer of Property Act was served by the landlord on them terminating their tenancy with effect from 30th November, 1959. This was followed by three suits for their ejectment in the civil Court on 14th December, 1959, since they had not vacated the premises. These suits were decreed on 30th November, 1960. On 3rd February, 1961, the landlord filed suits against them for the recovery of damages for use and occupation of the premises for the period 1st December, 1959 to 31st December, 1960 at the rate of Rs. 210 per mensem, that is, double the amount of rent. These suits were also decreed on 30th October, 1961 and the appeals filed against them by the tenants failed on 15th November, 1961. On 24th November, 1961, other similar suits for the period, 1st January, 1961 to 31st October, 1961 were filed and they were decreed on 5th June, 1962. The tenants' appeals against them were dismissed on 26th March, 1963. In the meantime, on 2nd January, 1960, the tenants filed applications under Section 4 of the East Punjab Urban Rent Restriction Act (hereinafter referred to as the Act) before the Rent Controller for the fixation of fair rent of these premises and the same was fixed at Rs. 30 per mensem on 4th May, 1961. Against this order, the landlord filed appeals, which were accepted on 5th December, 1961 and the applications of the tenants under Section 4 of the Act were dismissed on the ground that the shops in question having been completed in January, 1955, the provisions of the Act did not apply to them in view of the Punjab Government notification, No. 10665 -LB -53/957, dated 19th January, 1957, which exempted for five years the buildings constructed in the years 1953, 1954 and 1955 from the provisions of this Act and this period of five years was to Kumar commence from the date of the notification, as was held by a Bench decision of thIS COURT in Balkishan v. Subash Chand and Anr. I.L.R. (1961) 2 P&H 262 :, 1961 P.L.R. 723. Soon after, applications for review of the order dated 5th December, 1961 were filed by the tenants on the ground that a subsequent notification No. 2959 -C -III -60/25151, dated 4th June, 1960 and published in the Punjab Gazette on 6th June. 1960 had clearly stated that the operation of five years' exemption had to be computed from the date of the completion of the buildings and that being so, the exemption period in the instant cases would expire some time in January, 1960 and thus the applications for fixation of fair rent filed on 2nd January, 1960 were competent. These review applications were accepted, the orders, dated 5th December, 1961 were set aside and it was directed that the appeals of the landlord be heard on merits. On 28th February, 1962 these appeals were heard by the Appellate Authority, who came to the conclusion that the evidence produced by the parties was insufficient to determine the fair rent. He, consequently, passed the following order - -

(3.) ON 30th September, 1961 the landlord filed applications for the execution of the ejectment decrees passed by the civil Court on 30th November, 1960. On 21st October, 1961 the tenants filed objection petitions under Section 47 of the Code of Civil Procedure on the ground that these decrees were not executable, because the period of five years exempting the shops in dispute from the provisions of the Act had already expired and the civil Court had thus no jurisdiction to pass the decrees in question in November, 1960 and they were not liable to be ejected under the provisions of Section 13(1) of the Act. These objections were dismissed by the Executing Court and the appeals against the same were also rejected on 5th December, 1961. Thereafter, applications for the review of the orders, dated 5th December, 1961 were filed by the tenants on the ground that by virtue of Punjab Government notification, No. 2959 -C -III -60/25151, dated 4th June, 1960, and published in the Punjab Gazette, dated 6th June, 1960, the period of five years had to be counted from the date of the completion of the buildings and thus this period had already expired when the decrees were passed. The review applications were allowed on this ground and the orders dated 5th December, 1961 were set aside and the appeals filed by the tenants were ordered to be heard on merits. On 28th February, 1962 these appeals were accepted, the objections of the tenants were allowed and the decrees were held to be in executable against the tenants. This has led to the filing of the present execution second appeals by the landlord against the tenants.