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august 1988

Supreme Court of India · 1988-08-22

ATMA RAM MITTAL vs ISHWAR SINGH PUNlA

Citation / case number
SC 1988/70920
Court
Supreme Court of India
Petitioner
ATMA RAM MITTAL
Respondent
ISHWAR SINGH PUNlA
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that under Section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, the rights of the parties must be determined based on the date of the suit, and the High Court's dismissal of the landlord's suit was erroneous. The Court emphasized that the provisions of Section 13 of the Act, which protect tenants from eviction, do not apply if the suit is filed within ten years of the building's completion. The Court restored the Sub-Judge's order, allowing the suit to proceed in accordance with law, reinforcing the principle that no party should suffer due to court delays, as encapsulated in the maxim 'Actus curiam neminem gravabit'.

ATMA RAM MITTAL vs ISHWAR SINGH PUNlA · Niyam