- (1.) THIS execution second appeal raises an interesting question regarding the true construction to be placed on the Government notification No. 6487-ICI-65/29820, dated the 30th July, 1965, issued under Section 3 of the Punjab Urban Rent restriction Act, 1949.
(2.) THE facts are not in dispute. Tek Chand appellant had completed the construction of the premises in dispute in March, 1960. The suit for ejectment was instituted on the 12th of February, 1963, and it seems a tortuous trial followed and it was not till the 14th of August, 1969, that the decree was granted in favour of the appellant landlord. Thereafter the appellant moved the application for the execution of the decree abovesaid and objections were filed thereto by the judgment-debtor under Section 47, Civil P. C. , alleging that in view of the provisions of East Punjab Urban Rent Restriction Act and also otherwise in law the decree was not executable. On behalf of the appellant-decree-holder it was also contended that the objection petition was false and frivolous and previously a revision petition of the judgment-debtor in the High Court in which this very objection had been raised had been dismissed. On the pleadings of the parties, the following issues were framed :-1. Whether the decree is not executable as alleged in the objection petition? 2. Relief. On issue No. 1 the trial Court on the construing notification referred to above held that on the strict language of the same, it was necessary that the decree for ejectment should also have been secured within a period of five years from March, 1960, which was the date of the completion of the building. The decree having been granted after the said date, it was held that the decree was inexecutable and consequently the execution application was dismissed. On appeal, the learned Additional District judge, Hoshiarpur, accepted the view expressed by the trial Court and affirming the judgment dismissed the appeal. Hence the present second appeal.
(3.) THE notification on the provisions of which the whole argument turns may first be set down :-" no. 6487-ICI-65/29820, dated 30th July, 1965 In exercise of the powers conferred by Section 3 of the Punjab and Urban Rent Restriction act, 1949 and all other powers enabling him in this behalf the Governor of Punjab is pleased to direct that the provisions of Section 13 of the said Act shall not apply in respect of decrees for ejectment of tenants in possession of buildings which satisfy the following conditions namely- (a) buildings constructed during the years 1959, 1960, 1961, 1962 and 1963 and exempted from all the provisions of the said Act for a period of five years to be calculated from the dates of their completion, and (b) during the aforesaid period of exemption suits for ejection of tenants in possession of those buildings were or are instituted in Civil Courts by the landlords against the tenants and decrees of ejectment were or are passed".;