SHAM SUNDAR, J.D. Vs. RAM DAS, D.H.

JUDGEMENT

(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:

(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'.

(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.