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1986 Supreme(SC) 546

B.C.RAY, M.P.THAKKAR
Sham Lal – Appellant
Versus
Atme Nand Jain Sabha (Regd. ) , Dal Bazar – Respondent


Advocates:
AMAN VACHHER, B.P.MAHESHVARI, M.K.Dua, S.A.MEHTA, S.N.KACKAR

Judgment

B. C. RAY, J. :- This appeal by special leave is directed against the judgment and order passed on 27th February, 1973 in Civil Revision No. 895 of 1972 by the High Court of Punjab and Haryana whereby the revision case was allowed reversing the judgment and order of the appellate authority and allowing the application for ejectment. The tenant-appellant was granted three months time to vacate the shop and was also directed to deposit arrears of rent, if any, within one month from the date of the order. He was also directed to deposit advance rent for three months on the date of the order failing which he will be evicted on the expiry of one month.

2. The appellant is a tenant in respect of a room forming part of the property unit No. B-VI-33(old) and B- IX- 148(New), Chaura Bazar, Ludhiana, which has been rented on a monthly rental of Rs. 23/- by the landlord Smt. Goran Devi on the basis of rent deed dated 7th July, 1967 for a period of three months. After the expiry of the term of the tenancy, he continued in possession of the suit premises as a statutory tenant under Smt. Guran Devi. Smt. Guran Devi however, gifted away this property in favour of the Respondent on February



























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