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1986 Supreme(SC) 551

SABYASACHI MUKHARJEE, K.N.SINGH
Yudhishter – Appellant
Versus
Ashok Kumar – Respondent


Advocates:
A.PRABHAVATHY, B.P.MAHESHVARI, B.S.Gupta, P.K.BANERJI, RAJA RAM AGARWAL, S.N.Agarwal, URMILA KAPUR, V.C.MAHAJAN

Judgment

SABYASACHI MUKHARJI, J. :- This appeal by special leave is from the decision of the Punjab & Haryana High Court dated 10th January, 1980. The appellant is the tenant. The appeal arises out of the summary dismissal of the revision petition filed by the tenant under Section 151 of the Code of Civil Procedure from the decision of the appellant authority under the Haryana Urban (Control of Rent and Eviction) Act, 1973 being Act No. 11 of 1973 (hereinafter referred to as the Act).

2. The appellant took on rent the premises in question from the previous landlord in or about July, 1962. On or about 11th October, 1971, the respondent purchased the premises in question being suite No. 292 of Ward No. 13, District Gurgaon from the previous landlord. The premises hereinafter will be referred as the premises.

3. Few months prior thereto that is to say on 10th July, 1971, the respondent had purchased another house near Kabir Bhavan, Gurgaon. The appellants case was that the respondent got vacant possession of the same. The respondent, however, denied that assertion. On 7th August, 1972 the respondent sold the said house near Kabir Bhavan. It is asserted that the sale was to one Resham Dev


















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