Section 4 of the Haryana Housing Board Act, 1971 exempts properties belonging to the Housing Board from the provisions of the East Punjab Urban Rent Restriction Act, 1949.

V.S.Aggarwal, J.

1. The present revision petition has been filed by Mrs. Damyanti Bhalla and another, hereinafter described as the petitioners, directed against the judgment of the Appellate Authority, Chandigarh, dated 22.4.1998. By virtue of the impugned judgment, learned Appellate Authority had set aside the order of the learned Rent Controller, Chandigarh, dated 11.12.1996 and dismissed the petition for eviction.

2. The relevant facts are that the petitioners had filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short "the Act"). The respondent was stated to be a tenant in the property in question as proprietor of M/s Singla Provision Stores. It was claimed that he was in arrears of rent w.e.f. 1.12.1991 and that he has changed the user of the premises from residential to commercial without the consent of the petitioners and in addition to that unauthorised additions and alterations have been made. Lastly, it had been averred that the conduct of the respondent had caused nuisance to the occupiers of the buildings in the vicinity.

3. The petition as such was contested by the respondent. On the first date of hearing the respondent had tendered the arrears of rent with interest which was accepted under protest. The relationship of landlord and tenant had not been disputed but the respondent alleged that the building in dispute was exempt from the purview of the Act. Thus, the learned Rent Controller had no jurisdiction to entertain the petition for eviction. Petitioner No. 1 was stated to be the allottee. As per terms of the allotment, ownership rights were still vested with the Chandigarh Housing Board. It was alleged that permission had not been taken from the Chandigarh Housing Board to let the property to the respondent. The grounds of eviction were also controverted.

4. Learned trial Court had framed the issues and thereupon held that the Rent Controller had the jurisdiction to entertain the petition for eviction. An order of ejectment was passed holding that certain grounds of eviction have been proved which is not relevant for the purpose of the present revision petition. Aggrieved by the same, appeal was filed before the learned Appellate Authority. The learned Appellate Authority had set aside the order of the learned Rent Controller and held that the Rent Controller had no jurisdiction to entertain the petition because the property in question was exempt from the provisions of the Act as applicable to the Union Territory of Chandigarh. He had proceeded on the premise that the provisions of the Haryana Housing Board Act, 1971 specifically exempts such properties from the scope and ambit of the Act.

5. Before proceeding further some of the facts which are not in controversy can conveniently be relisted. The property in dispute is a dwelling unit in Sector 44-A, Chandigarh. The property in question had been built by Chandigarh Housing Board under the Haryana Housing Board Act, 1971 . The dwelling unit of which the demised property is a part had been allotted to petitioner No. 1.

6. Strong reliance is being placed on behalf of the respondent on Section 4 of the Haryana Housing Board Act, 1971 which specifically prescribes that the East Punjab Urban Rent Restriction Act shall not apply to the building belonging to the Board. During the course of arguments, it is not being disputed that till date no conveyance deed had been executed in favour of the petitioners.

7. In order to appreciate the relevant controversy, it would be in the fitness of things to refer to Section 4 of the Haryana Housing Board Act, 1971 which reads as under:-

"The East Punjab Urban Rent Restriction Act, 1949 shall not apply nor shall be deemed to have ever applied to any land, building belonging or vesting in the Board under or for the purpose of this Act, and as against the Board to any tenancy or other like relationship created by the Board in respect of such land or building but shall apply to