JUDGMENT

FAZAL ALI, J.:—This appeal by special leave is directed against the judgment of the Punjab and Haryana High Court dated 4th November, 1976 dismissing the revision petition filed by the appellant before the High Court.

2. This case has rather a chequered career and travelled through various stages and finally when it came to the High Court the case was remanded and after remand another revision petition was filed before the High Court which was heard by a single Judge who referred it to a Division Bench as in his opinion a substantial question of law was involved in the case. When the case went before the Division Bench consisting of Pandit and B. S. Dhillon, JJ. the two Judges differed from each other and the case was referred to a third Judge, namely, Mittal, J. who agreed with Pandit, J. and dismissed the petition. Hence this appeal.

3. In order to understand the point of law involved in this case, it may be necessary to give a brief resume of the facts leading to the appeal. It appears that the respondent-defendant was a tenant of a shop belonging to one Sher Singh and was situated in Gurgaon Cantonment. Sher Singh gave an application on 21-3-1967 under the provisions of