Law: Punjab Urban Rent Restriction Act, 1952 (XVI of 1953)

Section: 15(4)

Punjab Urban Rent Restriction Act 1952 (XVI of 1953), -----S. 15 (4)-Expiry of Act pending Revision in High Court­ Held: Expiry of Act rendered order which was subject of revision void-Revision petition dismissed. Held: The Punjab Urban Rent Restriction Act 1952 (XVI of 1953), being a temporary statute, its expiry on 15th August 1954, should result in the Act being treated as one never having existed except for transactions past and closed. When the order is still subject to appeal or revision, it cannot be said that it relates to a transaction past and closed. If a revision petition is pending in the High Court, when the Act expires, there is no living law under which the petition of revision should be heard, and the order of the District judge which is the subject of revision will itself become void on the expiry of the Act. The order therefore was held void and the petitions of revision dismissed. The Crown v. Haveli P L D 1949 Lah. 550 ; Siraj Din v. Atta Muhammad and others P L D 1955 Lah. 562 and Spencer v. Hooton 37 T L R 280 ref. JUDGMENT KAIKAUS, J.-This order will dispose of Civil Revisions Nos. 33 and 34 of 1955 which arise out of two petitions filed by the same landlord against two of his tenants under the Punjab Urban Rent Restriction Act. The point involved in both the cases is the same, viz.' whether the revision petitions filed in the High Court under section 15 (4) of the Punjab Urban Rent Restriction Act (XVI of 1953), can be heard after the expiry of the Act. Facts may be shortly stated. Two petitions for ejectment on pleas of default in payment of rent and requirement for personal use were filed on the 1st of June 1953. They were dismissed on the 17th of August 1953. Appeals were filed by the landlord on the 1st of October 1953 and were accepted on the 10th of July 1954. The present revision petitions were filed on the 22nd of July 1954. On the 15th of August 1954, the Punjab Urban Rent Restriction Act (XVI of 1953) expired. It was a temporary statute. The effect of the expiry of temporary statutes has been considered by a Full Bench of this Court in The Crown v. Haveli (P L D 1949 Lah. 550). In that case a trial under the Punjab Disturbed…

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