SMALL TOWN COMMITTEE, MANDI ATELI Vs. MAKHAN LAL

JUDGEMENT

(1.) THIS second appeal is directed against the concurrent decision of the Courts below, decreeing the plaintiff's suit.

(2.) THE plaintiff came to Court on the short ground that the Small Town Committee, Mandi, Ateli, was taking steps to demolish his shop and, therefore, an injunction should be issued against the Committee to desist from adopting this course. he plaintiff's case in the plaint was that he was a tenant of the shop under the Small Town Committee for over forty years. The Small Town Committee admitted that the plaintiff was its tenant, but not for a period of forty years. One thing, therefore, stands prominently established vize. - that both parties are agreed that the relationship between them is that of landlord and tenant, and there is no escape from this conclusion. The controversy between the parties in the suit will be apparent from the issues framed in the case. These are as follows: -

(3.) THE learned counsel for the Committee has taken exception to the finding of the District Judge that the Committee's remedy for eviction of the plaintiff is under the Patiala and East Punjab States Union Urban Rent Restriction Ordinance 2006. It is pointed out that a notification (No. 4 dated the 20th of May, 1949) had been issued by the erstwhile State of Pepsu to the effect that the provisions of the Urban Rent. Restriction Ordinance, 2006: "shall not apply to any building or rented land belonging to * * * any local body". The Pepsu Ordinance has yielded place to East Punjab Urban Rent Restriction Act, 1949 (Act 3 of 1949), section 3 of which empowers the State Government to exempt any building or rented land or any class of buildings or rented lands from the application of the Act. A similar provision existed in the Pepsu Ordinance and in pursuance of that provision the aforesaid notification was issued. Therefore, the learned District Judge was in error in holding that the plaintiff can be evicted under the provisions of Pepsu Urban Rent Restriction Ordinance, 2006. This Ordinance does not apply to property held by the Small Town Committee.