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1972 Supreme(HP) 7

D.B.LAL
Charan Dass – Appellant
Versus
Thakur Dass Mast Ram – Respondent


Advocates:
S. Malhotra and H.K. Bhardwaj, for Petitioner; Chhabil Dass, for Respondent.

Judgement

ORDER :- This revision petition has been preferred by the tenant under Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as the Rent Act of 1949), and has been directed against the decision of the appellate authority whereby he has allowed the landlords' petition for ejectment and has confirmed the order to the same effect passed by the Controller. M/s. Thakur Dass Mast Ram are the landlords and their case was that they became tenants from one Shri Prem Chand Kuthiala in Shop No. 34. Lower Bazar, Simla together with its "thari". The landlords got permission in writing from Shri Prem Chand Kuthiala to sub-1et a portion of the shop including the 'thari'. Accordingly, the landlords pleaded that they had sub-1et the 'thari' to the petitioner-tenant Charan Dass on 16-11-1964 and a rent-note (Ex. A-1) was executed. According to landlords, the tenant Charan Dass did not pay the rent for the period between 1st March, 1967 and 30-09-1969 and a sum of Rs. 1105/64 p. had fallen due. Because there was default in payment of rent, so the petition for ejectment of Charan Dass was filed before the Controller. The petitioner-tenant contested the















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