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1988 Supreme(SC) 381

S.NATARAJAN, SABYASACHI MUKHARJEE
Piara Lal – Appellant
Versus
Kewal Krishan Chopra – Respondent


Advocates:
A.D.SIKH, HARDEV SINGH, R.S.SODHI, V.M.TARKUNDE

Judgment

NATARAJAN, J. :- What falls for consideration in this appeal by special leave by a tenant against the judgment of the High Court of Punjab and Haryana in a Civil Revision is whether the High Court had transgressed its revisional powers in interfering with the concurrent findings rendered by the Rent Controller and the Appellate Authority and ordering the eviction of the appellant herein from the leased premises and secondly whether the High Court had erred in holding that the leased premises had become unsafe and unfit for human habitation as envisaged in S. 13(3)(a)(iii), East Punjab Urban Rent Restriction Act, 1949 (hereinafter the Act).

2. The respondents petition for eviction was originally based on other grounds such as bona fide requirement of the premises for own use and change of user of the premises by the tenant. As he failed before the Rent Controller, the respondent preferred an appeal and during the pendency of the appeal he obtained orders and amended the petition and raised an additional ground under S.13(3)(a)(iii) for seeking the eviction of the appellant viz. the leased premises had become unsafe and unfit for human habitation. The Appellate Authority calle










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