I
TEK CHAND
v.
SAT NARAYAN
SEPTEMBER 14, 1989
[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,
A
B
c
D
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]
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
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
G
Mr. Justice Ranganathan in Atma Ram Mittal v. Ishwar Singh Punia,
H
121
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.
Lex