SHAMBHU DATT AND ANOTHER Vs. BALWANT LAL

JUDGEMENT

(1.) THIS civil revision is directed against the order, dated 30th January, 1988, of the appellate Authority, Gurdaspur, accepting the application of Balwant Lal land lord under section 13 of the East Punjab Urban Kent Restriction Act, 1949 (hereinafter referred to as 'the Act' for eviction of the tenant.

(2.) THE material facts are as follows:

(3.) ON the other hand, the Learned Counsel for the landlord respondent maintains that in the first place, such extraneous evidence was not admissible under proviso 6 to section 92 of the Evidence Act. Secondly, even if the extraneous evidence produced is taken into account, then also it does not warrant the conclusion that the shop in dispute was taken by Shambhu Dutt as karta of the joint family for the business of the family. On the other hand, this evidence, says the counsel, shows that the son, Jugal Kishore, has been running his separate business in the shop.