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1987 Supreme(SC) 143

SABYASACHI MUKHARJEE, S.NATARAJAN
Tirath Ram Gupta – Appellant
Versus
Gurubachan Singh – Respondent


Judgement

NATARAJAN, J.:- This Appeal by Special Leave is by a landlord and is directed against the judgment of the High Court of Punjab and Haryana in Civil Revision No. 907 of 1977: (reported in (1984) 1 Rent CR 299). In an eviction suit filed under S. 13, East Punjab Urban Rent Restriction Act, 1949 (for short the Act) against the tenant and the sub-tenant (respondents 2 and 1 respectively) in respect of two premises, there was a compromise between the landlord and the tenant and in terms thereof the Rent Controller decreed the eviction of the first respondent from the premises sub-leased to him. An appeal to the Appellate Authority proved of no avail and hence the first respondent filed Civil Revision No. 907 of 1977 under S. 15(5) of the Act to the High Court. The High Court allowed the revision holding that no order of eviction can be passed under S. 13(2) of the Act as the sub-tenancy had been created before the Act came into force in the Union Territory of Chandigarh were the property is situate. The High Courts order is challenged in this appeal.

2. The brief facts requiring notice may now be seen. The appellant/landlord let out in the first instance, a shop-cum-flat No. 7 t











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