LABH SINGH Vs. NARVEL SINGH

JUDGEMENT

(1.) Salient facts for the disposal of this appeal are that Narvel Singh plaintiff constructed the shop in question in the end of March, 1967. It was let out to Labh Singh defendant on 10th April, 1967. Period of tenancy stipulated in rent deed Exhibit P-2 expired. As Labh Singh held over, suit for possession was filed against him. The suit was resisted on the ground that the shop having been constructed prior to 1967, Labh Singh could not be dispossessed therefrom because of the provisions of the East Punjab Urban Rent Restriction Act, 1949 . Both the Courts below have given decision in favour of Narvel Singh. The present appeal has been filed by Labh Singh.

(2.) The concurrent finding of the two Courts below that the shop was constructed in March, 1967 is unassailable. Learned Counsel for Labh Singh then placed reliance on the following notification No. 7043-ICI-66/22940 dated 11th August, 1966 :-

(3.) In Shrimati Padma Wati V/s. Mehta Faqir Chand, Letters Patent Appeal No. 285 of 1959, decided by a Division Bench of this Court on 29th November, 1960, a similar notification of 1951 was interpreted. That notification read as under :-