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1952 Supreme(P&H) 53

KAPUR, D.FALSHAW
Bawa Singh Pala Ram – Appellant
Versus
Kundan Lal Labhu Ram – Respondent


Judgment

Kapur, J.

1. This is a rule directed against an order passed by District Judge Sher Singh acting as an appellate authority under the East Punjab Urban Rent Restriction Act of 1949. The petition as originally made was a petition lor revision hut was treated by a Bench of this Court consisting of the learned Chief Justice and Mr. Justice Harnam Singh as one under Articles 226 and 227 of the Constitution.

2. The facts of the case are that the landlord Bawa Singh filed an application under section 13 of the East Punjab Urban Rant Restriction Act for ejectment of his tenant Randan Lal on two grounds (1) of subletting and (2) of bona fide requirement and for personal occupation. The defence was that there was no subletting and there was no personal requirement and that no valid notice had been served on the tenant. The Rent Controller found that the tenant had not sublet the premises but that the premises were bona fide required by the landlord and that the notice Exhibit P. 3, which was given was valid. The tenant went up in appeal to the appellate authority, that is, the District Judge, and the only point that was argued in that Court was the validity of the notice of ejectment
















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