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2004 Supreme(P&H) 911

M.M.KUMAR
Raghbir Singh – Appellant
Versus
Sansar Chand – Respondent


Judgment

M.M.Kumar, J.

1. This is landlords petition filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for brevity, the Act) challenging judgment dated 23.2.1984 passed by the Appellate Authority, Hoshiarpur, whereby the view taken by the Rent Controller, Hoshiarpur in judgment dated 31.8.1982 has been reversed.

2. Brief facts of the case necessary for disposal of instant petition are that the land- lord-petitioner Raghbir Singh (now represented by his legal representatives) filed Case No. 130 of 1980 claiming that he has been owner of the demised shops which had vested in the Central Government being evacuee property. It was publicly sold on 4.7.1969 for a sum of Rs.l 1,500/- and he was declared the highest bidder. The sale was confirmed on 10.9.1969 in his favour and he paid the entire sale consideration on 29.9.1969. It was further asserted that a sale certificate was issued in his favour on 7.2.1975. It is claimed that at the time of sale of the demised shops, tenant-respondent Sansar Chand (now represented by his legal representatives) was the tenant under the Central Government at the rate of Rs. 24/- p.m. He claimed, that by operation of law, the
















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