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1990 Supreme(SC) 723

B.C.RAY, R.M.SAHAI
Rai Chand Jain – Appellant
Versus
Chandra Kanta Khosla – Respondent


Advocates:
Arvind Minocha, AVADH BIHARI ROHTAGI, INDU GOSWAMI, NAND KISHORE KHOSIA, P.C.Jain

JUDGMENT

RAY, J.— Special leave granted. Arguments heard.

2. This appeal by special leave is directed against the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Civil Revision No. 1238 of 1989 : (reported in 1990 Har Rent R 362) reversing the order of the appellate authority, Chandigarh, dated December 24, 1988 in Rent Appeal No. 29 of 1987, reversing the order of the Rent Controller, Chandigarh, dated 16th February, 1987 in Case No. 124 of 1985.

3. The matrix of the case in short is as follows. The petitioner landlady (respondent in this appeal), Ms. Chandra Kanta Khosla leased out the demised premises being House No. 382, Sector-30A, Chandigarh, at a monthly rent of Rs. 1100/-, on the basis of a rent note dated 19th May, 1978. It has been specifically stated in the lease deed that the demised premises were to be used for residential purpose only and the tenant will not sublet the premises or any part thereof and application for eviction of the tenant (appellant in this appeal) was filed on the ground that the tenant had not paid or tendered rent with effect from December 1, 1984, and that the tenant had changed the. user of the demised premises a





















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