HARISH CHANDRA BHATNAGAR Vs. CHUNI LAL KALAIGAR

JUDGEMENT

(1.) SEVEN Civil Revision Nos 477, 478, 479, 480, 481, 482 and 483 of 1975, are directed against the orders of the Rent Controller, Ambala Cantt. dismissing the applications filed by the Petitioner -landlords, for the eviction of the Respondents from the premises in Ambala Cantt. under Section 13 of the Haryam Urban (Control of Rent and Eviction) Act 1973 (Haryana Act No 11 of 1973). The orders of the Rent Controller were affirmed by the District Judge Ambala who was the Appellate Authority under the same Act

(2.) THE facts leading to these revisions are that the East Punjab Urban Rent Restriction Act (III of 1949) was applicable to the areas which form part of the State of Haryana after the re -organisation of the State of Punjab in 1966. After the re -organisation of the State this Act continued to be applicable to the State of Haryana till the enactment of Haryana Act No. 11 of 1973, on the same lines as those of East Punjab Act III of 1949. The East Punjab Act III of 1949 did not extend to the cantonment areas of the State. Similarly Haryana Act II of 1973 vide Section 1(2) excluded these areas from its operation. Acting under Section 3 of the Cantonment (Extension of Rent Control Laws) Act (46 of 1957), the Central Government extended the application of the East Punjab Act III of 1949 to the cantonments within the areas of the States of Haryana and Punjab vide Notification S R Order 7 dated 21st November 1969, which is as under: In exercise of the powers conferred by Section 3 of the Cantonments (Extension of Rent Control Laws) Act, 1957 (46 of 19(sic)), the Central Government hereby extends to the Cantonments in the States of Haryana and Punjab, the East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act No. III of 1949), as in force, on the date of this notification, in the States of Haryana and Punjab with the following modifications, namely: In the said Act, -

(3.) WITH the coming into force of the Haryana Act 11 of 1973, on 27th April, 1973, the East Punjab Act III of 1949, in regard to its application to the areas forming part of the State of Haryana was repealed. The proceedings which were pending at the tine of the repeal of the East Punjab Act III of 1949, vide proviso to Section 24 of the Haryana Act 11 of 1973 were allowed to be continued and disposed of or enforced as if the said Act had not been repelled. This means that the proceeding were allowed to continue on the files of the Subordinate Judges and the District Judges in their capacity as Rent Controllers and Appellant Authorities, respectively