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1972 Supreme(HP) 16

D.B.LAL
Bhagat Ram – Appellant
Versus
Lilawati Galib – Respondent


Advocates:
B. Sita Ram, P.N. Nag and B.B. Vaid, for Appellant; S. Malhotra, for Respondent.

Judgement

JUDGMENT:- Bhagat Ram has presented this Execution Second Appeal against the order dated 3rd April, 1972 of the District Judge, Mahasu, dismissing his objection under Section 47, Civil P. Code, as a result of which he is likely to be evicted from a house, which is part of a building known as "Om Bhawan", below Lakkar Bazar, Simla. The decree-holder is Smt. Lilawati Galib who claims to be the landlady of the house. The facts in brief are, that Bhagat Ram was made tenant in the house and a lease was executed on 29th December, 1966. The period fixed under the lease was for one year which was to expire on 6-12-1967. On 12-5-1967, the landlady gave a notice determining the tenancy under Section 106 of the T.P. Act, and the tenant having failed to vacate, instituted a regular suit for his eviction on 29-12-1967. According to the landlady, the construction of the building was completed on 27th December, 1966 and, therefore, under a Notification dated 18-8-1966, issued by the Punjab Government with reference to Section 3 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter read Rent Restriction Act of 1949), the said building was exempt from the provisions of the said


























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