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1982 Supreme(P&H) 223

J.V.GUPTA
Sujan Singh – Appellant
Versus
Shobha Nath – Respondent


Judgment

1. The tenant-petitioner has filed this revision petition against the order of the Appellate Authority, Gurdaspur, dated 18th May, 1981 whereby the order of the Rent Controller dismissing the ejectment application, was set aside and an order of eviction was passed against him. The premises in dispute is a very small place which can more aptly be described as an Almirah constructed in the outer wall of a temple of goddess Devi fully described in site plan Ext. P-1. The landlord is the Manager (Mohitmam) of Mandir Devi in question, whereas the building in which the said Almirah is situate is owned by Devi Mandir. It was alleged in the ejectment application that the Almirah in question was erected for installation of an idol of God Bhairon Ji. As the idol was not available and the Almirah was not to be put to use immediately, the same was let out to the petitioner at the rate of Rs. 35/- per month. Since the premises in dispute is now required for the purpose, it was built, i.e., for installing the Murti of Bhairon Ji, the ejectment was sought of the tenant under the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), it being required by the lan












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