Case Note & Summary
The case involved a special leave petition filed by Tek Chand against Sat Narayan concerning the applicability of the Haryana Urban (Control of Rent & Eviction) Act, 1973. The dispute arose from a judgment and order of the Punjab and Haryana High Court dated 4th January 1988, in Regular Second Appeal No. 918 of 1987. The core legal issue was whether the exemption period under the Act continued until the suit was disposed of. The petitioner contended that the exemption should apply, while the respondent's counsel argued for the execution of the decree. The Supreme Court, referencing the precedent set in Atma Ram Mittal v. Ishwar Singh Punia, affirmed that the exemption would indeed apply for a period of ten years and remain effective until the suit's resolution. The court dismissed the special leave petition, indicating that if the petitioner did not file an undertaking within the stipulated time, the decree would be executable immediately. The decision clarified the conditions under which the exemption under the Rent Control Act operates and the implications for the execution of decrees in such cases.
Headnote
A) Rent Control Law - Applicability of Exemption - Exemption Period - Haryana Urban (Control of Rent & Eviction) Act, 1973, Sections 1(3), 13 - The exemption under the Act applies for a period of ten years and continues until the suit is disposed of or adjudicated. The court held that if the petitioner fails to file an undertaking, the decree shall become executable forthwith (Paras 121-122).
Issue of Consideration
Whether the exemption under the Haryana Urban (Control of Rent & Eviction) Act, 1973 continues until the suit is disposed of.
Final Decision
The Supreme Court dismissed the special leave petition, affirming that the exemption under the Haryana Urban (Control of Rent & Eviction) Act, 1973 applies for ten years and continues until the suit is disposed of. The court ordered that if the petitioner fails to file an undertaking, the decree shall become executable forthwith.
Law Points
- Applicability of Rent Control Act
- Exemption period
- Execution of decree
