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2001 Supreme(SC) 224

A.P.MISRA, D.P.MOHAPATRA
Lekh Raj – Appellant
Versus
Muni Lal – Respondent


JUDGMENT

Misra, J.-Leave granted.

2. The present appeals are by the defendant-tenant as against the order dated 24th March, 2000 passed by the High Court in its revisional jurisdiction by which it reversed the finding of the appellate court that the disputed shop in question is not unsafe for human habitation. The questions raised in these appeals are:

(1) Whether the High Court under its Revisional Jurisdiction which limits to examine the "legality and propriety" of the appellate court order was justified in reversing its findings based on evidence on record.

(2) Whether the High Court could have appointed a local Commissioner while exercising its revisional jurisdiction and to reverse the finding of the appellate court based on the report of such Commissioner.

3. In order to appreciate the controversies we are herewith giving some of the essential facts. The appellant took the disputed shop on rent from one Aya Ram who sold the said shop to one Prakash Rani. The respondents Nos. 1 to 8 are Lrs. of this Prakash Rani, who filed petition for eviction against the appellant under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter



































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