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1989 Supreme(P&H) 450

M.M.PUNCHHI, UJAGAR SINGH, A.P.CHOWDHRI
Dalip Singh – Appellant
Versus
Bharwan Bai (Deceased) Mother, Represented By Her Lrs Iqbal Gandhi – Respondent


Judgment

A.P.Chowdhri, J.

1. These Regular Second Appeals (RSA No. 510 of 1982 and RSA No. 2298 of 1983) against concurrent findings of Courts below raise a substantial question of law of general importance, merely whether lease of atta chakki (flour mill) comprising running flour mill, electric motor and other accessories installed in a part of building situate within an urban area used and intended to be used as a flour mill is governed by the provisions of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as `the Act).

2. The factual background leading to these appeals is simple short and identical. The predecessor in interest of respondents in RSA No. 510 of 1982, namely Chandi Ram was owner of a building No. B-I, Civil Lines, Ludhiana. He installed a flour mill in a part of the building, besides the milling machine, the flour mill included one electric motor of 20 H.P., starter, shafts et-cetera. He leased out the flour mill as well as the building in which it was running to the appellant under an oral agreement regarding which the appellant executed a rent note on 8.4.1975. The monthly rent which was a consolidated amount on account of the machinery as



























































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