ANAND PRAKASH MALIK versus BHAGWANDAS

ANAND PRAKASH MALIK versus BHAGWANDAS

Exemption from application of the Rent Act is reckoned from the date of completion of the construction. As the exemption period had expired by the date of civil suit, remedy for eviction lay under Rent Restriction Act, not under General law.

Parties
Appellant: Anand Prakash Malik; Respondent: Bhagwandas
Jurisdiction
India
Judgment Date
28 April 1998
Procedural Posture
Civil Appeal / Supreme Court (appeal From Punjab & Haryana High Court)
Outcome
Appeal allowed
Legal Topics
Exemption Notification, Eviction Suit, Jurisdiction of Civil Court
Rent Control Exemption Notification Eviction Suit Jurisdiction of Civil Court

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Parties

Anand Prakash Malik

Appellant

Bhagwandas

Respondent

Procedural Posture

Civil Appeal / Supreme Court (appeal From Punjab & Haryana High Court)

Legal Issues

  1. 1 Whether exemption under Notification dated 22nd October 1971 is to be reckoned from the date of notification or date of completion of building?
  2. 2 Whether suit for eviction under General law is maintainable when the exemption period expired?

Ratio Decidendi

Exemption from application of the Rent Act is reckoned from the date of completion of the construction. As the exemption period had expired by the date of civil suit, remedy for eviction lay under Rent Restriction Act, not under General law.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of courts below set aside
  • Suit filed by landlord under General law for eviction not competent