SUNDER SINGH Vs. FAQIR CHAND

JUDGEMENT

(1.) The facts of the case are given at length in the judgment of the lower appellate Court and it is not necessary to recapitulate them here.

(2.) The only question in this second appeal is whether Section 10, Punjab Urban Rent Restriction Act 10 [x] of 1941, was in force in Jullundur Cantonment.

(3.) The Act received the assent of His Excellency the Governor-General on 15-5- 1941 and was published in the Punjab Gazette on 23-5-1941. Sub-section (2) of Section 1 provides that the Act extends to all urban areas in the Punjab but "nothing herein contained shall be deemed to affect the regulation of house accommodation in any contonment area." The words of Sub-section (3) of Section 1 are: It shall come into force in such urban areas and on such dates as the Provincial Government may, by notification in the Official Gazette, appoint in this behalf, and shall remain in force in each such area for live years from the date of its enforcement in that area unless such period is extended by a resolution of the Punjab Legislative Assembly. On 3-7-1941, the Government Punjab issued Notification No. 2038-C- 41/34914 saying that in exercise of the powers conferred by Sub-section (3) of Section 1. of the Act the Governor of the Punjab was pleased to direct that the Act should come into force in the areas specified in the schedule annexed to the Notification and with effect from the date of the Notification. Jullundur Cantonment was one of the areas mentioned in the Schedule.