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1995 Supreme(SC) 1125

S.C.AGRAWAL, G.B.PATTANAIK
Dev Kumar – Appellant
Versus
Swaran Lata – Respondent


Advocates:
AJAY K.AGRAWAL, KRISHAN MAHAJAN, M.K.KRISHNAMURTHY, MANIK KARANJAVALA, NANDINI GORE, PRAMOD SHARMA, R.N.KARANJAWALA, RUBY SINGH AHUJA, SHYAMALA PAPPU

JUDGMENT

PATTANAIK, J. - This appeal is by the tenant, challenging the revisional order of the High Court of Punjab and Haryana whereunder an order of eviction has been passed on the finding that the premises in question has been sub-let and as such the tenant has incurred the liability of eviction under Section 13(2)(ii)(a) of the East Punjab Urban Rent Restriction Act, 1949, (hereinafter referred to as the Act). The landlady, Smt. Swaran Lata Respondent 1, in the present appeal filed an application for ejectment of her tenant Dev Kumar, the deceased husband of the present appellant alleging therein that said Dev Kumar has failed to pay the arrears of rent and has sub-let the premises in favour of Respondents 2 to 4 and, therefore, has incurred the liability of being evicted under Section 13(2)(i) and (ii)(a) of the Act. The tenant appeared before the Rent Controller and controller and controverted all the allegations made by the landlady. The allegation of sub-letting by him in favour of Respondents 2 to 4 was also specifically denied. The Rent Controller on appreciating the evidence led before him came to the conclusion that there exists relationship of landlord and tenant betwe

















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