LAWS(DLH)-1971-1-17

RAGHUNATH Vs. SUSHIL KUMAR

Decided On January 06, 1971
RAGHUNATH Appellant
V/S
SUSHIL KUMAR Respondents

JUDGEMENT

(1.) This revision petition preferred under Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949 (Act III of 1949) hereinafter referred to as the Act, which was made applicable to Himachal Pradesh, is concerned with two hundred square yards of land taken on lease by the present petitioner in terms of the document Ex. PA.

(2.) The document was executed on the 2nd of October, 1957. The Municipal Committee, Nahan, rented out the land at Rs. 4.00 per year. The land was comprised in Khasra No. 77/1. A significant condition of the lease was that the present petitioner agreed to give the vacant possession of the land back to the Municipal Committee on being served with a month's notice. He was to pay rent only against written receipt and no oral plea that he had paid the rent was to be available to him.

(3.) The definition contained in Section 2 (f) of the Act, which is relevant, is: "(f) "rented land" means any land let separately for the purpose of being used principally for business or trade;"