RAM LAL Vs. GOPI CHAND

JUDGEMENT

(1.) This revision petition arises out of an application under Sub-section (4) of Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called "the Act").

(2.) Gopi Chand, landlord, respondent, obtained an order or ejectment against the tenant, Ram Lal, petitioner, from the premises, in dispute, on the grounds that the demised premises had become unsafe and unfit for human habitation and that the tenant had committed such acts as are likely to impair materially the value and utility of the building. The Rent Controller passed the order of ejectment on October 20, 1966, and the same was maintained up to the High Court. The High Court dismissed the revision petition of the tenant vide order dated November 22, 1967. Later on in the execution application filed on behalf of the landlord against the tenant, certain objections were taken which were ultimately dismissed. The application, out of which the present revision petition has arisen, was filed on January 27, 1972, alleging therein that the landlord after obtaining the possession of the shop under sub-paragraph (iii) of 13 (3) (a) of the Act, was using the same and had also let out the THARA to certain tenants and thus, had violated the provisions of Sub-section (4) of Section 13 of the Act. The allegations made in the application were controverted by the landlord and on the pleadings of the parties, the fallowing issues were framed:

(3.) The Provisions of Sub-section (4) of Section 13 of the Act, read :-