TEK CHAND versus SAT NARAYAN on 14 September 1989

Conclusion

TEK CHAND v. SAT NARAYAN SEPTEMBER 14, 1989

A

[E.S. VENKATARAMIAH, CJ., K.N. SINGH AND S. NATARAJAN, JJ.]

' Haryana Urban (Control of Rent & Eviction) Act,. 1973: Sections I (3) and 13-Applicability of the Act-Fixed period of exemption from applicability-Exemption continues until suit is disposed of or adjudicated.

Applying the principle enunciated in Alina Ram Mittal v. Jshwar Singh Punia, [1988] 4 SCC 284, this Court dismissed the special leave petition, and, B

c

HELD: I.I The exemption would apply for a period .of ten years and will continue to be available until suit is disposed of or adjudicated. [121H]

D

1.2 If the petitioner fails to file an undertaking on usual terms, the decree shallbecome executable forthwith. li2iBY · - E

CIVIL APPELLATE JURISDICTION: Special Leave Petition (C) No. 5628 of 1988.

From the Judgment and Order dated 4.1.1988 of the Pun jab and Haryana High Court in Regular Second Appeal No. 918 of 1987. F

P .P. Rao and Shakeel Ahmed for the Petitioner.

S.C. Maheshwari, P.K. Chakravarti, Ms. Sandhya Goswami and V .K. Bhardwaj for the Respondent.

The following Order of the Court was delivered G

We have heard this case arising out of Haryana Urban (Control of Rent and Eviction) Act 1973. We feel thai this case is fully covered by the decision of Hon'ble Mr. Justice Sabyasachi Mukharji & Hon'ble Mr. Justice Ranganathan in Atma Ram Mittal v. Ishwar Singh Punia, H

122 SUPREME COURT REPORTS

[ 1989] Supp. 1 S.C.R.

A [1988] 4 S.C.C. 284. We respectfully agree with the principle enun-ciated in that decision. The special leave petition is dismissed.

Learned counsel for the respondent Mr. S.C. Maheshwari states that the decree will not be executed till 30th April, 1990 subject to an undertaking on usual terms being filed in this Court within four weeks Ill from today. If the undertaking is not filed, the decree shall become executable forthwith.

G.N.

Petition dismissed.