Ten-year exemption under Haryana Urban Act applies where an eviction suit was instituted within that ten-year period.

Whether the ten-year exemption in Section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 continues to protect a building when that ten-year period expires during pendency of an eviction suit instituted within the ten years was answered by applying purposive construction and the rule that rights are determined as on the date of institution of suit; the court relied on the principle actus curiam neminem gravabit and held that subsequent events during litigation do not defeat the statutory ten-year immunity for suits filed within that period, favoring the appellant.

---

---

Issues: Whether the exemption from the operation of the Haryana Urban (Control of Rent and Eviction) Act, 1973 provided by Section 1(3) for buildings completed within ten years applies where the ten year period expires during the pendency of an eviction suit instituted within that ten year period.

Analysis: Section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 grants a ten year exemption to newly constructed buildings; Section 13 restricts eviction except on statutory grounds. Precedents under the U.P. Act (notably the interpretation of Section 2(2) and Section 20 of the U.P. Urban Buildings Act, 1972) establish that statutory exemptions intended to encourage construction must be given purposive effect and that rights of parties are to be determined by reference to the position as on the date of institution of suit. The principle that an act of the Court should not prejudice a party (actus curiam neminem gravabit) supports a construction that preserves the ten year immunity where the suit was instituted within that period. Considering the object and context of the exemption, events occurring during the pendency of litigation which bring the premises within the Act do not defeat the exemption for suits instituted within ten years; processual developments during litigation may be taken into account to do substantial justice without introducing a new cause of action.

Conclusion: The ten year exemption under Section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 applies where the eviction suit was instituted within that ten year period even if ten years expire during the pendency of the suit; decision is in favour of the appellant.

---