DINESH KUMAR VERMA Vs. HARMIT SINGH

JUDGEMENT

(1.) THE appellant Dr. Dinesh Kumar Verma is in occupation of a shop situated in Rani Bazar, Sirsa, as a tenant of the respondent, Harmit Singh. The latter brought a suit for ejectment of the appellant which was decreed by the Subordinate Judge 1st Class, Sirsa. The first appeal of the tenant was dismissed by the Senior Subordinate Judge, Sirsa, on 18th October, 1976. Against the Judgment and decree of the lower Appellate Court, the instant second appeal has been filed by the tenant.

(2.) THE question of determination in this appeal is whether the Civil Court has jurisdiction to pass decree for ejectment against the appellant. Due to enactment of Haryana Urban (Control of Rent and Eviction) Amendment Act, 1978 (Haryana Act No. 16 of 1978), this question must be answered in the negative. By this amending Act Section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called the Act), was amended retrospectively and sub-section (3) of Section 1 which was incorporated in the following terms :-

(3.) IN such circumstances, the impugned judgment and decree of the lower appellate Court can't be upheld. Consequently, this appeal is allowed, the judgment and decree of the lower Appellate Court are set aside and resultantly the plaintiff-respondent's suit for ejectment stands dismissed. In the peculiar circumstances of the case the parties are left to bear their own costs. Appeal allowed.