M.H.KANIA, K.N.SINGH, L.M.SHARMA
Kesho Ram And Company – Appellant
Versus
Union Of India – Respondent
JUDGMENT
SINGH, J.— In this batch of civil appeals, special leave petitions and writ petitions, under Article 32 of the Constitution, validity of Section 3 of the East Punjab Urban Rent Restriction Act, 1949 and the Notification No. 3205-LD-74/3614 dated September 24, 1974 issued thereunder by the Chief Commissioner, Union Territory of Chandigarh, granting exemption from Section 13 of the Act to buildings constructed in the urban area of Chandigarh for a period of five years have been challenged.
2. The appellants in the appeals as well as the petitioners in the special leave petitions and petitions under Article 32 of the Constitution, are tenants of buildings situate within the Union Territory of Chandigarh. The buildings occupied by the appellants/petitioners as tenants were exempted from the operation of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) for a period of five years under the impugned Notification dated September 24, 1974. The landlords of these buildings filed suits for eviction in the civil court, against the tenants. During the pendency of suits five years period expired, thereupon, the tenants raised objection that the suits
followed : P. J. Irani v. State of Madras
relied on : Punjab Tin Supply Co. v. central government
Mohinder Kumar v. State of Haryana
followed : Firm Amar Nath Basheshar Dass v. Tek Chand
distinguished : Vineet Kumar v. Mongol Sain Wadhera
Shiv Kumar v. Jawahar Lal Verma
Om Prakash Gupta v. Dig Vijendrapal Gupta
Nand Kishore Marwah v. Samundri Devi
Atma Ram Mittal v. Ishwar Singh Punja
affirmed : Mohinder Kumar v. State of Haryana
followed : Punjab Tin Supply Co. Ltd. v. central government
relied on : Firm Amar Nath Basheshar Dass v. Tek Chand
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