LAWS(P&H)-1958-4-22

RAM PARSHAD HALWAI Vs. MUKHTIAR CHAND

Decided On April 08, 1958
RAM PARSHAD HALWAI Appellant
V/S
MUKHTIAR CHAND Respondents

JUDGEMENT

(1.) The identical question of law involved in the marginally noted petitions is whether retrospective effect is to be given to the East Punjab Urban Rent Restriction (Amendment) Act, 1956, so as to make it applicable to the pending actions. The amending Act came into force on 24th September, 1956, and its Section 2 in addition to certain other changes in the other sub-clauses substituted the following in place of sub-clause (iii) of Section 13(3) (a) of the East Punjab Urban Rent Restriction Act No. III of 1949 (hereinafter to be referred as the Act) :-

(2.) The sub-clause (iii) of Section 13(3) (a) prior to the amendment reads :-

(3.) The effect of the amendment is that while previously a landlord, if he required the building for re-erection or replacement, could apply to the Controller for an order directing the tenant to put the landlord in possession of the building, after the amendment the landlord can apply to the Controller for possession of the building only if he requires it to carry out any building work at the instance of the Government or local authority.