FIRMS AMAR NATH BASHESHAR DASS versus TEK CHAND

FIRMS AMAR NATH BASHESHAR DASS versus TEK CHAND

Filing of the suit for ejectment within the 5-year exemption period satisfies the conditions for exemption from Section 13; there is no requirement that the decree for eviction must be obtained within that period. The exemption applies to decrees arising from such suits, even if passed after the lapse of 5 years since completion of the building.

Parties
Appellant: Firm Amar Nath Basheshar Dass; Respondent: Tek Chand
Jurisdiction
India
Judgment Date
21 March 1972
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of Punjab and Haryana High Court in Execution Second Appeal
Outcome
Appeal dismissed
Legal Topics
Exemption From Rent Restriction, Execution of Eviction Decrees, Interpretation of Notifications Under Rent Acts
Tenancy Rent Control Exemption From Rent Restriction Execution of Eviction Decrees Interpretation of Notifications Under Rent Acts

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Parties

Firm Amar Nath Basheshar Dass

Appellant

Tek Chand

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of Punjab and Haryana High Court in Execution Second Appeal

Legal Issues

  1. 1 Whether exemption from Section 13 of Punjab Urban Rent Restriction Act applies when decree for eviction is passed after expiry of 5-year period since completion of building, if suit was filed within the five years

Ratio Decidendi

Filing of the suit for ejectment within the 5-year exemption period satisfies the conditions for exemption from Section 13; there is no requirement that the decree for eviction must be obtained within that period. The exemption applies to decrees arising from such suits, even if passed after the lapse of 5 years since completion of the building.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs