The Supreme Court in Rajender Bansal & Ors. Vs. Bhuru (D), has held that a civil court would not cease to have jurisdiction to try a pending suit of eviction if the suit property came under the notified area during pendency of the suit.
The bench comprising Justice AK Sikri and Justice NV Ramana summarised the following principles laid down in several decisions like Mansoor Khan Vs. Moti Ram and Atma Ram Mittal Vs. Ishwar Singh Punia:
However, referring to Mani Subrat Jain Vs. Raja Ram Vohra and Lakshmi Narayan Guin and Others Vs. Niranjan Modak, the court observed that the above principles would be subject to one exception that, in case of definition of 'tenant' and provisions pertaining to eviction of tenants contained in the Rent Act covers even those cases where the tenancy has been terminated (or depending upon the provisions of the Rent Act, even when civil court has passed the decree), the protection provided under such provision would come to the rescue of the tenant even in respect of pending cases.
Read the Judgment here.