DIWAN SINGH Vs. MEWA SINGH

JUDGEMENT

(1.) This is a regular second appeal filed by Dewan Singh against the judgment and decree of Shri Des Raj Mahajan, Additional District Judge, Ludhiana, dated October 15, 1977, where by his appeal against the judgment and decree of Shri Balbir Singh, Subordinate Judge 2nd Class, Samrala, dated October 4, 1976 passed in favour of Mewa Singh respondent, ejecting the appellant from a shop situate in Machhiwara, tehsil Samrala, was dismissed.

(2.) The admitted facts are that Mewa Singh respondent is the owner of the shop in dispute, situate in Machhiwara, Tehsil Samrala, district Ludhiana. He let it out to the appellant on September 6, 1970, at Rs. 40 per mensem. Mewa Singh respondent filed a suit for ejectment against the appellant in the civil Court at Samrala on January 28, 1975, as the East Punjab Urban Rent Restriction Act (hereinafter referred to as the Act), was not applicable in Machhiwara. That suit was decreed in favour of the respondent and against the appellant on October 4, 1976. The appellant preferred an appeal which was dismissed on October 15, 1977, by the Additional District Judge, Ludhiana. It is against this judgment and decree that the present regular second appeal is directed.

(3.) The learned counsel for the appellant has argued that Machhiwara has been declared a Notified Area Committee vide notification of the State Government dated November 4, 1977, published in the Punjab Government Gazette dated November 11, 1977. In view of this development, the Act has become applicable to Machhiwara and as such the respondent cannot eject the appellant from the shop in dispute without getting an order of ejectment against him under Section 13 of the Act.