Judgement

P. JAGANMOHAN REDDY, J:- The respondent who was constructing a building, had leased it out on a monthly tenancy to the appellant on the 1st November 1959. The building was ultimately completed in March 1960. On 14-1-1963 he filed a suit and got a decree for ejectment on 14-8-1969. On 29-8-1969 he filed an execution petition but the executing Court dismissed it on 16-4-1970 on the ground that the conditions prescribed in the notification of the Government of Punjab under section 3 of the Punjab Urban Rent Restriction Act 1949 (hereinafter called the Act ) dated 30-7-1965, exempting such decrees from section 13 of the said Act were not complied with. An appeal against this judgment was unsuccessful. On a second appeal the High Court held that the decree was executable inasmuch as that decree was exempted under the notification. This appeal is by special leave against that judgment.

2. Before we notice the conditions prescribed for the exemption of decrees of eviction against tenants from the provisions of the Act, it is necessary to refer to Section 13 of the Act in so far as it is relevant and the notification exempting decree obtained by certain categories of landlord from