SURESH KUMAR Vs. BHIM SAIN

JUDGEMENT

(1.) This order will dispose of the preliminary points raised in Regular Second Appeal Nos. 344 and 345 of 1976.

(2.) Section 3(2) [1(3)(ii) sic] of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (Haryana Act No. 11 of 1973) provides that the provisions of this Act shall not apply to any non-residential building construction of which is completed after 31st March, 1962.

(3.) The respondent, in both the appeals, is the land-lord of the non-residential buildings situate at Bhiwani in which the appellants, in both the appeals, are the tenants. The respondent sought the eviction of the appellants from those premises through two different suits which were contested on various grounds. One of the grounds raised on behalf of the appellants in both the suits, was that Section 3(2) [Section 1(3)(ii) sic] of Haryana Act 11 of 1973 was ultra vires the Constitution of India. The suits were decreed by the trial Court and the appeals before the District Judge, Bhiwani, also failed. In these regular second appeals dispossession of the appellants was stayed.