SHAM SUNDAR, J.D. Vs. RAM DAS, D.H.
LAWS(P&H)-1950-12-10
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 08,1950

Sham Sundar, J.D. Appellant
VERSUS
Ram Das, D.H. Respondents

JUDGEMENT

Harnam, J. - (1.) IN dealing with 'Ex. S.A. No. 319 of 1948', I thought that Section 9(1), Delhi and Ajmer - - Merwara Rent Control Act, 1947, hereinafter refd. to as the Act, applies to decrees passed before the Act came into force. Considering, however, the opinion expressed by Mahajan, J., in 'Ex. S.A. No. 1209 of 1944 decided on 08 -01 -1947', in the H.C. of Judicature at Lahore, with which Abdul Rashid, C.J., concurred, I submitted the question specified hereunder, to my Lord, the Chief Justice with a recommendation that the question may be refd. for decision to a F.B. of this Ct: Whether Section 9(1), Delhi and Ajmer - - Merwara Rent Control Act, 1947, applies to decrees passed before the Act came into force?
(2.) SUBSEQUENT to the making of the referring order set out above a similar point arose in 'Ex. S.A. Nos. 486 and 487 of 1948', and Ex. S.A. No. 704 of 1949 and these cases were ordered to be heard with 'E.S.A. No. 319 of 1948'. In 'R.S.A. No. 2601 of 1946' and in 'Ex. S.A. Nos. 487 and 704 of 1949', the question arose whether Section 9, Delhi Rent Control Ordinance XXV (25) of 1944, hereinafter refd. to as the Ordinance, applies to decrees passed before the Ordinance came into force so far as the question of ejectment of tenants was concerned. As the question arising in 'R.S. No. 2601 of 1946' and 'Ex. S.A. Nos. 487 and 704 of 1949', raised points identical with the points arising in 'R.S.A. No. 319 of 1948', all these cases have been ordered to be placed before this Bench for the decision of the question stated above.
(3.) BEFORE dealing with the question before us I think it necessary to refer briefly to the state of law on the point before the Act was passed. The New Delhi House Rent Control Order, 1939, the Delhi Rent Control Ordinance, 1944 and the Punjab Urban Rent Restriction Act, 1941, applied to various parts of the province of Delhi when the Act was applied to areas specified in Sch. I of the Act while the Ajmer - - Merwara Control of Rent and Eviction Order 1941, was in force in areas specified in Section 1(2) of that Order.;


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