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1984 Supreme(Raj) 176

K.S.SIDHU, G.K.SHARMA, P.K.BANERJEE
Devkinandan – Appellant
Versus
Roshan Lal – Respondent


Advocates:
Appearance :
R.M. Lodha and A.K. Bhandari, for the Appellant
S.M. Mehta, R.P. Goyal and Rizwan Alvi, for the Respondents

Judgment

P.K. Banerjee, CJ.-This Full Bench Reference was made by Hon’ble Mr. Justice S. C. Agrawal in S. B. Civil Second Appeal No. 7 of 1981.-The Hon’ble Judge formulated the substantial question of law to be decided in the Full Bench in the following terms :-“Whether a tenant of a mortgagee is entitled to the protection of the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 against the mortgagor after the redemption of the mortgage?” In the said order of reference Mr. Justice Agrawal referred to two cases namely Ghamandi Rarn vs. Shanker Lal, 1965 RLW 333 : (AIR 1966 Raj 19) and Sachal Mal Parasrarn vs. Mst. Ratan Bai AIR 1972 SC 637. His Lordship felt that the definition of landlord’ contained in the Rajasthan Premises (Control of Rent and Eviction) Act. 1950 (hereinafter referred to as ‘the Act of 1950’) is wider than that of in the East Punjab Urban Rent Restriction Act. 1949. In view of the first Division Bench judgment in Gharnandi Rarn vs. Shanker Lal 1965 RLW 333 : (AIR 1966 Raj 19) (Supra) and subsequent decision of the Supreme Court as herein before stated his Lordship Mr. Justice Agarwal referred the case to the Chief Justice for formation





































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