ABHEY RAM Vs. SHRIMATI KRISHNA RANI

JUDGEMENT

(1.) THIS revision petition is directed against the order of the trial Court dated August 5, 1985, whereby the application filed on behalf of the defendant (tenant) seeking dismissal of the plaintiff's suit because of the expiry of ten years' exemption period having already been elapsed in May, 1984, was dismissed.

(2.) IT is no more disputed now that the matter stands concluded by the Supreme Court Judgement in Nand Kishore Marwah v. Smt. Samundri Devi, 1987(2) R.C.R. 412, (1987(2) Rent Law Reporter 685), wherein it has been held that the rights of the parties were to be determined on the date of the suit and in case the suit was filed within the exemption period of ten years, the same will be disposed of on merits. The earlier view taken by the Supreme Court in Vineet Kumar v. Mangal Sain Wadhera, (AIR 1985 Supreme Court 817, was not accepted to be correct, with the observations :-