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1990 Supreme(P&H) 471

J.V.GUPTA
Purshotam Lal – Appellant
Versus
Kirpal Kaur – Respondent


Judgment

, J.

1. This petition is directed against the order of the Rent Controller Ludhiana dated 30 4-I988 whereby sanction for filing a complaint against the landlord was granted.

2. The tenant Kirpal Kaur and others filed a petition under Sec.19 of the East Punjab Urban Rent Restriction Act, 1949 (for short the act) for taking action against their landlord Parshotam Lal as he had violated the provisions of sub Sec.2 of Sec.9 of the Act. According to the tenant, the landlord filed an ejectment application in which ho claimed house tax from them which the landlord was not entitled to recover. Hence he violated the provisions of sub-Section 2 of Sec.9 of the Act and hence necessary sanction for prosecution was sought under Sec.19 of the Act. The case of the landlord was that, tenant has not paid arrears of house tax claimed by the landlord and that being so the question of violating the provisions of sub-section,12 of Sec.9 did not arise. The learned Rent Controller found that what is to be seen is as to whether the landlord is liable for demanding house tax time and again when once it was settled that he was not entitled for the same. It was further found that Sec.9 of the Act pro


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