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1999 Supreme(SC) 913

S.N.PHUKAN, V.N.KHARE
Resham Singh – Appellant
Versus
Raghbir Singh – Respondent


Judgment

Phukan, J.-This is an appeal against the judgment and order passed by learned Single Judge of the High Court of Pundjab and Haryana in Civil Revi­sion No. 2006 of 1983. By the impugned judgment the petition filed under sub-Section (5) of Section 15 of East Punjab Urban Rent Restric­tion Act (for short the Act) was allowed by setting aside both the judgments of the Rent Controller as well as Appellate Authority.

2. The appellate Resham Singh filed a petition for eviction of to respondents namely Rghbir Singh and Kuldeep Sing in respect of disput­ed suit premises. According to the appellant the suit premises was let out to respondent Raghbir Singh but he sublet it to Kuldeep Singh. It was also pleaded before the Rent Controller that the respondent was in arreas of rent from 1.8.80. The Rent Controller decided the issue regaarding defaulter against the appellant-landlord but ordered evic­tion of respondent on the ground of sub-letting. The appeal filed by the respondent was dismissed by the Appellate Authority. The High Court by the impugned judgment set aside both the judgments and al­lowed the revision petition holding that there was no sub-letting and the respondents were n











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