K.SUBBA RAO, R.S.BACHAWAT, RAGHUBAR DAYAL, V.RAMASWAMI
South Asia Industries Private – Appellant
Versus
S. B. Sarnp Singh – Respondent
Judgment
SUBBA RAO, Actg. C.J. :This appeal by certificate raises the question whether an appeal lies under cl. 10 of the Letters Patent for the High Court of Lahore, to a Division Bench of the Punjab High Court against a judgment passed by a single Judge of the said High Court in a second appeal under S. 39 of the Delhi Rent Control Act, 1958 (Act No. 59 of 1958), hereinafter called the Act.
2. The facts relevant to the question raised may be briefly stated. The respondents are the owners of plot No. 5, Connaught Circus, New Delhi. Messrs. Allen Berry & Co. Private Lt. took a lease of the same under a lease deed dated March 1, 1956. Messrs. Allen Berry and Co. assigned their interest under the said lease deed to South Asia Industries (Private) Ltd., the appellant herein. Thereafter, the respondents filed an application before the Controller, Delhi, under S. 14 of the Act for the eviction of the appellant from the said premises on the ground that Messrs. Allen Berry & Co. unauthorizedly assigned the said premises in favour of the appellant. The Controller by his order dated October 10, 1962; allowed the petition. On January 23, 1963, the appeal filed by the appellant against the said
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