HAR NARAIN Vs. SANTOSH KUMAR

JUDGEMENT

(1.) THE respondent filed this suit for the ejectment of the appellant from the shop in dispute alleging that the period of tenancy having expired and the tenancy terminated also by the service of a registered notice, he was entitled to recover back the possession. Exemption from the applicability of the Haryana Urban (Control of Rent and Eviction) Act, 1973, was claimed on the ground that the construction of the shop in dispute had been completed in the year 1977 and, as such, the provisions of the said Act would not be applicable till the year 1987. The claim was accepted by both the courts below and ejectment ordered.

(2.) THIS appeal was admitted because of the decision of the Supreme court in Vineet Kumar v. Mangal Sain Wadhera, 1984 (1) RCR 302 : AIR 1985 Supreme Court 817. However, later on the earlier view of the Supreme Court in Firm Amar Fath Basheshar Dass v. Tek Chand, 1972 RCR 380 : AIR 1972 Supreme Court 1538 was reaffirmed in Nand Kishore Marwah and others v. Smt Samundri Devi, 1987 (2) RCR 412 : AIR 1987 Supreme Court 2284 and it was held that if the suit was filed prior to the expiry of the period of exemption, the right to seek ejectment would not be defeated because of the expiry of the said period during the pendency of the suit. No other point having been urged, this appeal must fail and in hereby dismissed but without any order as to costs. Appeal dismissed.