AVINASH CHAND MALHOTRA Vs. SANT LAL

JUDGEMENT

(1.) AFTER hearing the counsel for the parties I am of view that on the peculiar facts of this case it is not necessary to order that the trial court should decide whether the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short the Act) would be applicable or not by way of preliminary issue. In Haryana there is an exemption clause for a period of ten years in respect of new buildings, from the applicability of the Act. The landlord filed a suit for recovery of arrears of rent amounting to Rs. 650 and for ejectment within ten years of the construction of the building. During the pendency of the suit, ten years period elapsed and the tenant wanted the determination of the aforesaid point. Assuming for the sake of argument that the suit for ejectment cannot be allowed to continue after lapse of ten years on the basis that the Act has become applicable, the trial court has yet to proceed with the suit to decide whether the tenant is in arrears of rent or not.

(2.) UNDER the circumstances and on peculiar facts of this case, no useful purpose would be served in deciding the matter of jurisdiction of the Civil Court by way of preliminary issue. In view of the above this revision is dismissed with no order as to costs. Parties through their counsel are directed to appeal before the trial court on 13.10.1986. Order accordingly.