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1976 Supreme(HP) 50

R.S.PATHAK, C.R.THAKUR
KANSHI RAM – Appellant
Versus
BANSI LAL – Respondent


Advocates Appeared:
K.D. Sud, for Petitioner H.K. Bhardwaj and Mrs. P. Malhotra, for Respon­dent.

JUDGEMENT

R. S. Pathak, C. J.:-This review petition prays for the recalling of our judgment and order dated June 19, 1974*allowing a revision petition. * Reported in AIR 1975 Him Pra 15.

2. The petitioner is the landlord of a shop in Solan. He applied under S. 13 of the East Punjab Urban Rent Restriction Act for the eviction of the respondent-tenant from the shop. On July 29, 1970 the Controller passed an order of evic­tion in terms of a compromise arrived at between the parties. Under the compro­mise the tenant agreed to vacate the accommodation by February 1, 1971.

3. On March 16, 1972 a suit was filed by the tenant for a declaration that the order dated July 29, 1970 was a nullity and he was not obliged to leave the pre­mises. He also applied for an interim in­junction. The learned Subordinate Judge granted an injunction on May 20, 1972 restraining the landlord from enforcing the order of the Control­ler during the pendency of the suit. The landlord filed an appeal, and on Novem­ber 28, 1972 the learned District Judge made an order vacating the injunction. Thereafter, the tenant applied in revi­sion to this Court against the order of the learned District Judge. This Court held that






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