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1956 Supreme(P&H) 43

BHANDARI, BISHAN NARAIN
S. Harbhajan Singh – Appellant
Versus
Munshi Ram – Respondent


Judgment

Bhandari, J.

1. These two appeals under Clause 10, Letters Patent raise a common question of law, namely whether acceptance by a landlord of rent in regard to a period subsequent to the expiration of the notice to quit constitutes a waiver of the said notice.

2. The petitioner in this case is the owner of a certain house situate in Jullunder while the respondents are two legal practitioners of the same town who are in occupation of two separate portions of the said house. The landlord brought actions against his tenants for their eviction and obtained consent decrees against them according to which one of the tenants was to vacate the premises on 29-6-1949, and the Other on 20-11-1949. On 23-3-1949, that is while the tenants were still in occupation of the premises let out to them the Provincial Legislature enacted a measure known as the East Punjab Bent Restriction Act, 1949, Section 13 of which made the following somewhat unusual declaration namely:

"13(1)--A tenant in possession of a building or rented land shall not be evicted therefrom in execution of a decree passed before or after the commencement of this Act or otherwise and whether before or after the termination o












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