The bar on the application for eviction within 5 years of the acquisition of the property by transfer is absolute and impinges upon the competence of the Rent Controller to entertain the proceedings.

V. K. Mehrotra, A. C. J.—This and the connected revisions (being Civil Revision Nos. 153, 154, 155 of 1982 and 102 of 1981) under section 21 (5) of the Himachal Pradesh Urban Rent Control Act, 1971, (Act No. 23 of 1971) (for brief, "the Act") raise a common question of law. They were hear together and are being disposed of by a common judgment. For convenience, the facts of the case giving rise to Civil Revision No. 224 of 1982 are being mentioned.

2. The premises in dispute is the upper storey of house No. 39/1, J.C. Building (Kuthiala building) Middle Bazar, Simla. Applicant Gauri Shankar is its tenant. Respondent, Tilak Raj Sharma, purchased the building on June 15, 1972. He was living in the lower portion of house No. 39/1 from before as a tenant. On March 18, 1975 a petition under section 14 of the Act was filed by Tilak Raj Sharma seeking ejectment of Gauri Shankar, inter alia, on the ground that he needed the upper storey of the house in the tenancy of Gauri Shankar for his personal occupation. Section 14 (3) (a) (i) permits the landlord to apply to the Controller for an order directing the tenant to put the landlord in possession, in the case of a residential building, on the ground that he requires it for his own occupation. Evidence was partly recorded before the Controller in November 1976. Recording of evidence on behalf of the landlord was concluded in November, 1979. In January 1980, the evidence on behalf of the tenant was recorded. The Controller made an order on November 29, 1980 allowing the application and directing ejectment of the tenant. The appeal, which the tenant filed before the Appellate Authority, also failed. The Appellate Authority upheld the direction for ejectment made by the Controller, on August 13, 1982. The present revision was filed in this Court on September 7/8,1982. The tenant seeks the setting aside of the order passed by the Rent Controller and the Appellate Authority (Addl. District Judge, Simla). During the pendency of the revision the Himachal Pradesh Urban Rent Control Act, 1987 (Act No. 25 of 1987) was enacted. It received the assent of the President on October 10, 1987. By section 1 (3), the Act shall be deemed to have come into force on November 17, 1971. This is the date with effect wherefrom the Himachal Pradesh Urban Rent Control Act, 1971, was enforced on account of its publication in the Extra-ordinary Gazette of that date.

3. Section 14 (3) underwent a change. In the 1987 Act it reads thus: "14(3) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession — (a) in the case of a residential building, if— (i) he requires it for his own occupation : Provided that he is not occupying another residential building owned by him, in the urban area concerned: Provided further that he has not vacated such a building without sufficient cause within five years of the filing of the application, in the said urban area; (ii).................................................................................. (iii).................................................................................. (iv).................................................................................. (4)............................................................................................... (5)............................................................................................... Sub-section (6) was added: (6) Where a landlord has acquired any premises by transfer, no application for the recovery of possession of such premises shall be made under this section on the ground specified in sub-clause (i) of clause (a) of sub-section (3) unless a period of five years has elapsed from the date of such acquisition. (7)...............................................................................................

4. Section 34 then provides thus:— “34. Repeal and Savings.—(1) The Himachal Pradesh Urban Rent Control Act, 1971, is hereby repealed. (2) N