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1977 Supreme(SC) 258

P.S.KAILASAM, Y.V.CHANDRACHUD
Mahant Bikram Dass Chela – Appellant
Versus
Financial Commissioner, Taxation, Punjab – Respondent


Advocates:
A.D.SIKH, A.K.SIKRI, H.L.SIBAL, N.C.SIKRI, S.K.JAIN, S.M.Jain

Judgment

CHANDRACHUD, J. - The appellant Mahant Bikram Dass Chela, filed two applications for eviction of respondents 4 to 6 (hereinafter called `the respondents) on the ground that they had committed default in the payment of rent. A compromise was arrived at between the parties on March 31, 1959, under which it was agreed that the respondents should pay to the appellant a sum of Rupees 11,872 by March 31, 1959 and the balance of six monthly instalments of Rs.1,000/- each. Respondents committed default in the payment of future instalments, upon which the appellant filed two applications on April 2, 1962 for their ejectment on the ground that they had failed to pay rent without sufficient cause. One of these applications covered an area of 117 Kanals and the other of 76 Kanals odd.

2. These applications were dismissed first by the Assistant Collector and in appeal by the Collector. The appellant then filed revision applications to the Commissioner, who, on March 1, 1965 made a recommendation to the Financial Commissioner to the effect that the orders of the Collector and the Assistant Collector be aside and a decree for ejectment be passed against the respondents. By his order dated





























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