MANGAT RAI Vs. VED PARKASH

JUDGEMENT

(1.) THIS Civil Revision 29 of 1967 by the landlord is directed against an order, dated December 5, 1966, of the Appellate Authority, Sangrur. It arises out of the following circumstances:

(2.) MANGAT Rai, revision -Petitioner, leased out his shop, situated at Barnala, on an yearly rent of Rs. 800 by a rent -note, dated February 19, 1959, for a period of one year to Ved Parkash Respondent. The tenant made an application under Section 4 of the East Punjab Urban Rent Restriction Act, III of 1949 (hereinafter referred to as 'the Act') to the Rent Controller for fixation of fair rent. The Rent Controller by his order, dated November 30, 1963, fixed the fair rent of the shop at Rs. 137.50 per annum. Against that order, the landlord preferred an appeal to the Appellate Authority, which accepted the appeal on May 25, 1965, set aside the order of the Rent Controller and fixed the fair rent of the shop at Rs. 800 per annum. Against that order of the Appellate Authority, the tenant went in revision to the High Court. The revision -petition (No. 547 of 1965) first came up for hearing before the learned Vacation Judge (Narula, J.) on June 21, 1965, who passed the following order:

(3.) THEN , on subsequent dates, namely, September 14, 1965, and September 30, 1965, the Rent Controller did not take any proceedings. He simply said that the Respondent shall comply with the order, dated September 8, 1965, of the High Court. The case was first adjourned to October 11, 1965, and then to November 30, 1965. On these dates also, no proceedings were taken in the application for eviction made by the landlord. The case was then adjourned to December 13, 1965.