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2002 Supreme(SC) 1226

Atma S. Berar – Appellant
Versus
Mukhtiar Singh – Respondent


JUDGEMENT

R.C. Lahoti, J.-An order for eviction from residential building on the ground of requirement of the landlord for his own occupation passed by the Controller and upheld in appeal by the Appellate Authority has been upset and reversed by the High Court in exercise of revisional jurisdiction. The aggrieved landlord is in appeal by special leave.

2. Section 13(3)(a) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter the Act, for short) contemplates a landlord making an application to the Controller for an order directing the tenant to put the landlord in possession of residential building if he requires it for his own occupation. The order of the Controller is subject to appeal before Appellate Authority. Under sub-Section (5) of Section 15 of the Act, the High Court is conferred with jurisdiction of calling for and examining the records for the purpose of satisfying itself as to the legality or propriety of any order passed or proceedings taken under the Act. The High Court may pass such order in relation thereto as it may deem fit.

3. The suit premises are a residential building constructed by the landlord-respondent in the year 1961 in the city of Moga. He was a















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