GIAN CHAND Vs. TIRATH RAM GUPTA AND ANR

JUDGEMENT

(1.) This petition arises out of the proceedings pending before the Rent Controller, Chandigarh against the petitioner.

(2.) The facts are that respondent No. 1 filed an application for ejectment of the petitioner under the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called the Act) on March 6, 1973. The trial Court heard the arguments on May 3, 1974, and fixed the case for May 4, 1974, for pronouncement of the order. In the meantime, the respondent filed an application for leading additional evidence on May 4, 1974, and vide order dated May 16, 1974, the Rent Controller allowed the application of the respondent to lead additional evidence. This evidence also concluded on October 1, 1974, and the case was fixed for evidence in rebuttal for November 16, 1974. On this date, the Rent Controller passed the following order :-

(3.) Consequent upon the application of the East Punjab Urban Rent Restriction Act 1949, to Chandigarh Capital Project Area, the tenants were given protection against exorbitant rents and arbitrary eviction. As a result of the judgment of the High Court, a large number of applications pending before the Rent Controllers and the appeals pending before the appellate authorities would become liable to be dismissed and this will cause serious problems. It is, therefore, considered necessary to extend the said Act to Chandigarh with retrospective effect and also to validate the action purported to have been taken under the Act."