RADHEY SHYAM Vs. NAZAR SINGH

JUDGEMENT

(1.) This is a tenant's appeal directed against the judgment dated Sep. 21, 1977 of the High Court of Punjab and Haryana dismissing his revision petition in limine.

(2.) A petition was filed by the landlord for the eviction of the tenant on the ground that he needed the accommodation for his bona fide personal requirement. The acccommodation consists of a shop-cum-flat and was leased out @ Rs. 300/- per month. The statutory authorities under the East Punjab Urban Rent Restriction Act concurrently held that the accommodation was a "residential building" by virtue of the definition in sub-sec. (g) of S. 2 of the Act. That finding was not assailed before the High Court.

(3.) Before us learned counsel for the appellant wants to reopen the finding whether the accommodation in question can be described as a "residential building" within the meaning of S. 2 (g) of the Act Having refrained from challenging the finding in the High Court we do not see why we should be permitted to do so here.