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SUPREME COURT OF INDIA

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PETITIONER:

SANT LAL JAIN

Vs.

RESPONDENT:

AVTAR SINGH

DATE OF JUDGMENT12/03/1985

BENCH:

VARADARAJAN, A. (J)

BENCH:

VARADARAJAN, A. (J)

FAZALALI, SYED MURTAZA

CITATION:

1985 AIR 857 1985 SCR (3) 184

1985 SCC (2) 332 1985 SCALE (1)423

ACT:

East Punjab Rent Restriction Act 1949: Section 13,

Grant of licence for one year-on expiry of period licence

revoked-Suit for mandatory injunction filed-Delay in filian

of-Whether excusable-Such Suit in effect one for possession-

Suit should be decreed-On termination of licence-Licencee’s

possession that of a tres-passer.

Indian Evidence Act, Section 16.

Licensee purchased property during pendency of suit-It

could set up title to property-eviction from property-

Whether permissible.

HEADNOTE:

The appellant had taken a plot of land on lease under a

lease-deed for a term of 10 years for M/s Jain Motors. At

that time he was only a partner of M/s Jain Motors but later

he became its sole owner. The respondent took from the

appellant on licence for one year under a deed the suitshed

for carrying on work shop business