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1981 Supreme(P&H) 319

S.S.SANDHAWALIA, P.C.JAIN, I.S.TIWANA
Hari Parshad Gupta – Appellant
Versus
Jitender Kumar Kaushik – Respondent


Judgment

I.S.TIWANA, J.

1. What is the true import and scope of the State Government Notification dated June 3, 1959, issued under S.3 of the East Punjab Urban Rent Restriction Act, 1949 , is the precise question which calls for determination by this Full Bench. This notification reads as follows :-

"In exercise of the powers conferred by S.3 of the East Punjab Urban Rent Restriction Act, the Governor of Punjab is pleased to direct that the provisions of the aforesaid Act shall not apply to the buildings and rented lands belonging to Municipal Committee N.A.Cs., District Boards or Panchayats."

Though this notification was issued in exercise of the powers conferred by the East Punjab Urban Rent Restriction Act, yet it is the conceded position that continued to survive and be effective under the present Act, that is, the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act), which came into force with effect from April 27, 1973, in view of the provisions of S.22 of the Punjab General Clauses Act.

2. The few skeletal facts which deserves to be noticed to unravel the controversy raised in this petition under Section 15(6) of the Act are as follows :

















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