PAWAN KUMAR Vs. RAMJI DASS

JUDGEMENT

(1.) THE undisputed facts on the record are that the plaintiffs completed the construction of the building after April 27, 1973 and rented out of the same to the defendant. The tenancy was terminated on November 19, 1979. The Haryana Urban (Control of Rent and Eviction) Act, 1973 exempts the newly constructed buildings from its application for a period of ten years.

(2.) THE suit for possession was decreed by the trial Court. The lower appellate court confirmed the findings of the trial Court, but in view of the law, as it was on September 23, 1986, the lower appellate Court came to the conclusion that since ten years had elapsed during the pendency of the suit, the building attracted the provisions of the Rent Act. Consequently, no decree for possession could be passed except in terms of the Rent Act. The suit was dismissed in view of the decision in Ishwar Singh Punia v. Atma Ram Mittal, 1986(1) RCR 229 : 1985 HRR 717, as the jurisdiction of the Civil Court was barred under the Rent Act.

(3.) IN view of my above observations, the appeal is allowed and the suit of the plaintiffs for possession is decreed with no order as to costs. Appeal allowed.