MADAN LAL Vs. LACHHMAN DASS

JUDGEMENT

(1.) THIS appeal has been preferred by plaintiff whose suit for possession has been dismissed by the courts below on the ground of limitation.

(2.) THE appellant was a tenant on a shop which was covered by 'Bapora Gate Development Scheme' framed by the Improvement Trust, Bhiwani under the provisions of the Punjab Town Improvement Act, 1922, as applicable to Haryana. The possession of the shop was surrendered on 25.2.1970. The appellant filed application under section 13(4) of the East Punjab Urban Rent Restriction Act, 1949 as applicable to Haryana on 31.8.1970 for restoration of the possession of the shop, claiming that after reconstruction, the shop was required to be returned to the tenant. The application was accepted by the Rent Controller on 5.6.1973 which order was affirmed by the appellate authority on 4.11.1974. However, on further proceedings in this Court, the plea of jurisdiction raised by the landlord was upheld vide order dated 18.7.1980. The said judgment is reported as Lachhman Dass and another v. Madan Lal, 1981 PLR 40. It was held that since the appellant had not been evicted under the provisions of the Rent Act, provisions of section 13(4) of the Act could not be invoked. SLP against the said judgment was dismissed by the Hon'ble Supreme Court on 17.11.1982. In the meanwhile, the landlord sold the shop.

(3.) I have heard learned counsel for the parties.