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1983 Supreme(P&H) 13

SURINDER SINGH
Hukam Chand – Appellant
Versus
The Financial Commissioner, Haryana Chandigarh – Respondent


Judgment

Surinder Singh, J.

1. This writ petition seeks to impugn the decision of the Financial Commissioner, Haryana, dated February 18, 1975, as per which the said Court reversed the finding of the Appellate Authority under the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act) on the sole ground that the Appellate Authority could not have placed reliance upon the report of the Local Commissioner as he had not given notice to the parties before visiting the spot.

2. The facts may be briefly noticed. The petitioner Hukam Chand filed an application under the Act for the eviction of Ganga Ram, Ram Partap and Harphul respondents on various grounds, including the ground that Ganga Ram aforesaid had sublet the demised premises to Ram Partap and Harphul respondents. The Rent Controller vide his decision dated September 4, 1974, rejected the application but on appeal, the Appellate Authority (Deputy Commissioner), Narnaul as per order dated November 22, 1974, found that the allegation of sub-letting had been proved. The Appellate Authority, therefore, ordered the eviction of the tenant. The latter, however, filed a Revision Petition before the Fina


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