Dev Darshan Sud, J.

All these revision petitions are being disposed of on the preliminary point urged for interpretation by this Court which is as to whether the amendments carried out in the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as the `Act of 1987’) by the Himachal Pradesh Urban Rent Control (Amendment) Act, 2009 (Act No.8 of 2012) (hereinafter referred to as the `Act of 2012’) are retrospective or prospective.

2. Learned counsel for the tenants has submitted that these amendments are retrospective and in this view of the matter, order of eviction of the tenants passed under Section 14 of the Act of 1987 by the learned Rent Controller cannot be sustained.

3. It is undisputed before me that the Act of 1987 was amended by substitution of Sections 2, 4, 5, 6, 7, and in Section 8 subsection-(1) for the words “fair rent” the words “standard rent” were substituted. The important amendments were carried out in Section 14, which is noticed herein, and which was the subject matter of the submissions made by learned counsel appearing for the parties. Amended sections of the Act provide:-

Section The Himachal Pradesh Urban The Himachal Pradesh Urban

Rent Control Act, 1987. Rent Control (Amendment)

Act, 2009 (Act No.8 of 2012)

2(j) “tenant” means any person by 2(j) “tenant” means any

whom or on whose account person by whom or on whose

rent is payable for a account rent is payable for

building or rented land and a residential or non-

includes a tenant continuing residential building or

in possession after rented land and includes a

termination of the tenancy tenant continuing in

and in the event of the possession after termination

death of such person such of of the tenancy, a deserted

his heirs as are mentioned wife of a tenant who has

in Schedule-I to this Act been or is entitled to be in

and who were ordinarily occupation of the

residing with him at the matrimonial home or tenanted

time of his death, subject premises of husband, a

to the order of succession divorced wife of a tenant

and conditions specified, who has a decree of divorce

respectively in Explanation- in which the right of

I and Explanation-II to this residence in the matrimonial

clause, but does not include home or tenanted premises

a person placed in has been incorporated as one

occupation of a building or of the conditions of the

rented land by its tenant, decree of divorce and in the

except with the written event of the death of such

consent of the landlord, or person such of his heirs as

a person to whom the are mentioned in Schedule-I

collection of rent or fees to this Act and who were

in a public market, cart-stand ordinarily residing with him

or slaughter house or or carrying on business in

of rents for shops has been the premises at the time of

farmed out or leased by a his death, subject to the

municipal corporation or a order of succession and

municipal committee or a conditions specified,

notified area committee or a respectively in Explanation-

cantonment board; I and Explanation-II to this

clause, but does not include

Explanation I-The order of a person placed in

succession in the event of occupation of a building or

the death of the person rented land by its tenant,

continuing in possession except with the written

after the termination of his consent of the landlord, or

tenancy shall be as a person to whom the

follows:- collection of rent or fees

in a public market, cart-

(a) firstly, his surviving stand or slaughter house or

spouse; of rents for shops has been

(b) secondly, his son or farmed out or leased by a

daughter, or both, if Municipal Corporation or a

there is no surviving Municipal Council or a Nagar

spouse, or if the Panchayat or a Cantonment

surviving spouse did Board;

not ordinarily live

with the deceased Explanation I.-The order of

person as a member of succession in the event of

his family upto the the death of the person

date of his death; continuing in possession

(c)