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1965 Supreme(SC) 92

M.HIDAYATULLAH, V.RAMASWAMI
Bishan Paul – Appellant
Versus
Mothu Ram – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, K.L.Mehta, NAUNIT LAL, S.K.MEHTA, S.V.Gupta

Judgement

HIDAYATULLAH, J. : In this appeal by special leave the appellant is the tenant of the respondent and occupies a shop situated on the Grant Trunk Road, Ludhiana. The High Court of Punjab by the judgment under appeal dated April 10, 1961 dismissed a revision petition filed by the appellant against the order of the Appellate Authority confirming the order of eviction passed against the appellant by the Rent Controller, Ludhiana, under S.13 of the East Punjab Urban Rent Restriction Act, 1949.

2. The appellant entered into possession as tenant in 1944 and the monthly rent of the premises was Rs.12. The original landlord became an evacuee and as the property was composite, the District Competent Officer auctioned this property on May 19, 1956 and the highest bid was by the respondent. The bid was approved on October 3, 1956 and the sale certificate was issued to the auction-purchaser on December 4, 1956. On October 3, 1956 the appellant received a letter (Ex. R. 17) from the District Rent and Managing Officer, Ludhiana, informing him that as the sale was confirmed by the Competent Officer on October 3, 1956 he should pay the rent to the respondent from that date. The appellant al





















































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