Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | East Punjab Urban Rent Restriction Act 1949 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction : East Punjab Urban Rent Restriction Act, 1949 : Eviction suit-Civil Court-Jurisdiction to entertain- Exemption-From the purview of Rent Control Act-Notifications dated 31.1.1973 and 24.9.1973 exempted new building from the purview of the Act for a period of five years-Mode of computation-Held : Where sewerage connection can be given to a building the period of exemption is to be counted from the date when such connection is granted by the competent authority; where sewerage connection cannot be granted, as for instance, in the case of booths the period is to be counted from the date electric connection is first given by the competent authority and in a case not covered under these two categories, from the date the building is actually occupied- If the building is one to which sewerage connection can be granted, and in fact granted on 24.2.1973, the period of 5 years' exemption has to be computed from that date-However, Notification dated 31.1.1973 applies only to those buildings which are given sewerage connection or electric connection or which are occupied as the case may be on or after 31.1.1973 and not to those buildings which satisfy any of the said conditions before 31.1.1973-Since electric connection was given to F the building, of which the suit premises was part, on a date prior to 31.1.1973 the said exemption notification is not applicable to the suit premises-Therefore, the Act will apply and civil court has no jurisdiction to entertain the eviction suit-The Act is a beneficial piece of legislation intended to grant protection to the tenants-Therefore, exemption notification, which takes out cases from the purview of the Act, should be strictly construed-Hence, the decision in Punjab Tin Supply Co.'s case does not require reconsideration. |
Judge | Hon'ble Mr. Justice D.P. Mohapatra |
Neutral Citation | 2000 INSC 18 |
Petitioner | Mohinder Lal |
Respondent | Smt Saroj Kumari Verma |
SCR | [2000] 1 S.C.R. 246 |
Judgement Date | 2000-01-13 |
Case Number | 203 |
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