RAMA NAND Vs. JIWAN DASS AND ORS.

JUDGEMENT

(1.) IN this appeal under Clause 10 of the Letters Patent from the judgment, dated September 5, 1961, of a learned Single Judge, the facts are no longer in dispute.

(2.) THE Appellant, Rama Nand, is the owner of the demised premises, a shop. Jiwan Das, Respondent, became tenant of the same sometime in 1948 -49 and a formal rent -note came into existence in 1952. One application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, (East Punjab Act 3 of 1949), for eviction of this Respondent by the Appellant was dismissed in 1955 and another he withdrew in 1956. The demised premises have a shop with four portions, shown in the plan as F.E.D.C. Roof of one portion of the shop has fallen down, and the remaining three portions are in a somewhat dilapidated condition with leakage obviously in the roof. In front of the shop there is a platform shown as A.B.E.F. in the plan, of which the area is one -fifth of the total area under the demised premises. On that platform A.B.E.F., the tenant constructed a building in June, 1956. It is not quite clear whether that new construction is a continuation of the original dilapidated shop or the two stand apart as independent buildings. But that will not make any substantial difference.

(3.) THE trial Court dismissed the suit, but the Court of first appeal decreed it on the ground that the claim is covered by the said notification, and in second appeal the learned Single Judge has dismissed the suit, agreeing with the trial Court that that notification does not apply to the facts of the case.