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1966 Supreme(SC) 307

C.A.VAIDIALINGAM, G.K.MITTER, K.N.WANCHOO
Attar Singh – Appellant
Versus
Inder Kumar – Respondent


Advocates:
Gopal Singh, M.L.CHHIBBAR, S.L.CHHABRA

Judgment

WANCHOO, J. : The main question raised in this appeal by special leave from the judgment of the Punjab High Court is the interpretation of S, 13 (3) (a) (ii) of the East Punjab Urban Rent Restriction Act, No. III of 1949, (hereinafter referred to as the Act). Brief facts necessary for determination of this question are these. The appellant was the tenant of certain land at Lahori Gate, Patiala. It is not in dispute that the land in question is "rented land" within the meaning of S. 2 (f) of the Act inasmuch as the land was taken by the appellant for the purpose of a firewood stall. The original owner of the land became an evacuee, and eventually the respondent purchased the land from the Managing Officer and a sale certificate was issued in his favour on May 31, 1963. The appellant thus became the respondent s tenant. Thereafter the respondent filed an application for the ejectment of the appellant on a number of grounds. One of the grounds in support of the claim for ejectment was that the respondent needed the land for erection of a residential house . It is this ground with which we are mainly, concerned in the present appeal. The case of the appellant on the other hand

















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