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1976 Supreme(P&H) 175

R.S.NARULA, HARBANS LAL, SURINDER SINGH
Banke Ram – Appellant
Versus
Sarasti Devi – Respondent


Judgment

HARBANS LAL, J.

1. The Full Bench is called upon to determine and decide the following question of law as referred to by Tewatia, J. (as he then was) in his reference order dated August 28, 1975:

"Whether a landlord applying for fine eviction of his tenant on the ground contained in sub-paragraphs (b) and (c) of paragraph (i) of S. 13 (3) (a) of the East Punjab Urban Rent Restriction Act, 1949 , (hereinafter called the Act), i.e. for his own use and occupation, has or has not to specifically plead in his application the contents of sub-paragraphs (b) and (c) aforesaid, which put a rider on the right of the landlord to get the eviction of his tenant from the premises even for his own use unless he succeeds in proving that he was not in occupation of another residential building in the same urban area and that he had not vacated any such building after the commencement of the Act without any sufficient cause."

Reference has not been made to the facts of the revision petition in the reference order as only the abovementioned legal question was raised and in view of the conflicting decisions of this Court and some other High Courts, the learned Judge was of the opinion that the

































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