L JAMIT RAI Vs. CHUNI LAL

JUDGEMENT

(1.) ORDER :- Retrospectivity or otherwise of the Amending Act No. XXI of 1972 was referred to the Full Bench. Mr. S.P. Gupta appearing before the Full Bench made a statement that he would not question the findings of the District Judge. Therefore, the Full Bench was of the opinion that reference was not required to be answered by it. The reference was sent unanswered to the single bench. This civil second appeal is therefore to be decided on its own merits.

(2.) The appeal is concluded by the concurrent findings of fact of the two Courts below. Courts below have found that the shop in question was only reconstructed and not constructed. Therefore provisions of the Houses and Shops Rent Control Act would apply to the said shop. The only question which was canvassed by Mr. Gupta appearing for the appellant, before this Court is that by virtue of provisions of Houses and Shops Rent Control Act, the shop in question is not governed by the Houses and Shops Rent control Act because it was constructed after the last day of the year 1965.

(3.) It is pertinent to note that shops constructed after the last day of the year 1965 were excluded from the purview of the provisions of Houses and Shops Rent Control Act. The appellant's case was that the shop in question was constructed as a whole after the last day of the year 1965, therefore it will be exempted from the operation of the Houses and Shops Rent Control Act. Courts below have repelled this Contention.