S.S.DULAT, I.D.DUA, D.K.MAHAJAN
Rullia Ram Hakim Rai – Appellant
Versus
S. Fateh Singh S. Sham Sher Singh – Respondent
Mahajan, J.
1. This matter originally came up before me and in view of the importance of the question. I referred it to a Division Bench. The matter was then placed before a Division Bench consisting of Dua J. and myself. In view of certain decisions of this Court under the Administration of Evacuee Property Act, the matter was then reference to a Full Bench and that is how the matter has been placed before us today.
2. The only question that requires determination depends on the true construction of Section 13(2) (i) of the Estate Punjab Urban Rent Registration Act (III of 1949)--hereinafter to be referred to as the Act--or in other words the question that requires determination is whether a tenant who is sought to be ejected because he is in arrears of rent can avoid ejectment by only tendering the arrears that are within the period of limitation or has he to tender all the arrears of rent whether they are within or outside the period of limitation?
3. The facts of the present case now may briefly be stated. An application for ejectment of the petitioner-tenant was made on the ground that he was in arrears of rent. The petition was made under Section 13(2)(i) of the Act.
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