Judgement

BHARGAVA, J. : A suit for ejectment on the ground of failing to pay arrears of rent was instituted against the appellant, Bant Singh Gill, by the respondents under the provisions of the Delhi and Ajmer Rent Control Act, 1952 (No. 38 of 1952) - hereinafter referred to as "the Act of 1952", on the 27th February, 1958. On 9th February, 1959, the Delhi Rent Control Act, 1958 (No. 59 of 1958) - hereinafter referred to as "the Act of 1952", came into force and became applicable to the premises which were the subject-matter of the pending suit. On 13th March, 1961, the appellant relying on the provisions of S. 50 (2) of the Act of 1958, filed an application before the trial Court requesting it to hold that the suit had abated on the ground that the suit related to premises the construction of which had been completed after the 1st day of June, 1951, but before the 9th day of June, 1955. The trial Court, after taking into account the evidence, recorded a finding that the appellant had failed to prove that the premises had been completed during this period mentioned in S. 50 (2) of the Act of 1958, and, consequently, rejected the application and held that the suit was to proceed on