rent eviction

Sir,

 

There is a case filed in the lower court of Chandigarh for vacation of house with details as under:

 In partial modification of Chandigarh Administration, Home Department Notification No.352-LD-73/602 dated 31.01.1973, the Chief Commissioner, Chandigarh is pleased to direct that the period of Five Years exemption shall be computed as under:-

a)      Where Sewerage connection can be given from the date of connection is granted by the Competent Authority

b)      Where Sewerage connection cannot be granted as for instance case of booths from the date of electric connection is first given by competent authority

c)      In cases not covered in categories (a) and(b) above, from the date the building is actually occupied (Vide Home Department Notification Dated 2294-LD-73/3474, dated 24th September,1973 published in Chandigarh Administration Gazette Extraordinary, dated 27.09.1973, page 275

 

 

Further in partial modification of Chandigarh Administration Home Department notification No 352-LD-73/702, dated 31st January, 1973, read with Chandigarh Administration Home department Notification No 2294-LD-73/3474 dated the 24th September,1973xercise of powers conferred by section 3 of the East Punjab Urban rent Restriction Act,1949 as applicable to The Union Territory of Chandigarh, the Chief Commissioner , Chandigarh is pleased to direct that the period of five years exemption shall be computed in the manner indicated below:

 

a) Where Sewerage connection can be given from the date of connection is granted by the Competent Authority

b) Where Sewerage connection cannot be granted as for instance case of booths from the date of electric connection is first given by competent authority

c) Where sewerage connection has already been given and new building is constructed in addition to or over and above the existing building and has been separarely let out, from the date new building is actually occupied.

d) In cases not covered in categories above, from the date the building is actually occupied (See Chd Gag Extra Dated 11 06 1982, page 308)

 

 

After going through the above facts we file the case under this act seeking exemption of five years as the same was within five years from the dates as per points 4, 5, and 6.

 

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THE ADVOCATE of the defendants insists for supply of the date of sewerage connection. We did not apply for the same. They say that the case is not maintainable as the date should be when the CHB laid down the sewerage in the area. How can under the above given exemption one can take a date prior to the date of even allotting the house. Kindly provide us with suitable legal points to cover our plea that any date prior to the allotment/possession is not tenable in our case. One can't get any facility/connection before the residential unit is occupied.