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1988 Supreme(SC) 488

M. N. VENKATACHALIAH, R. S. PATHAK
Rajbir Kaur – Appellant
Versus
S. Chokesiri And Company – Respondent


Advocates:
AMAN VACHHER, ASHOK JAIN, G.L.SANGHI, H.K.PURI, K.MEHTA, M.K.Dua, P.N.PURI, R.Jagannath Goulay, S.M.Tandon, Y.S.Chitale

Judgment

VENKATACHALIAH, J. :- This Appeal, by Special Leave, by the Landlord arises out of and is directed against the judgment and order dated 23-8-1982 of the High Court of Punjab and Haryana in Civil Revision Application No. 2588 of 1980, allowing the Respondent-tenants appeal and - in reversal of the concurrent findings of the court below that there was an unauthorised subletting - dismissing Appellants application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (Act) for an order for grant of possession.

There were other grounds for eviction - one of them that there were unauthorised structural alterations; but having regard to the limited scope of the proceedings before the High Court, those other points do not survive.

2. The two appellants - mother and son - as owners of the commercial premises S.C.O. No. 15, Sector 17E, Chandigarh, granted a lease, under deed dated 25-11-1970, in favour of M/s. S. Chokesiri & Co., respondent herein. The lease was for a term certain of 10 years from 1-1-1971 under the terms and on conditions particularised in the Deed Rent was initially Rs. 3,000/- per month subject to certain increases stipulated in the lease deed. Respo


















































































































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