BANSILAL Vs. KANSHI RAM

JUDGEMENT

(1.) THIS is a tenant's revision petition under paragraph 35 of the Himachal Pradesh (Courts) Order, 1948 against an order of the learned District Judge, Solan vacating an interim injunction granted by the learned Subordinate Judge, Solan.

(2.) ON December 1, 1969 the landlord of shop No. 243, Chowk Bazar, Solan, filed an application under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter referred to as "the Act") for the eviction of the tenant from the shop. On May 25, 1970 the Rent Controller framed a number of issues. Before any evidence could be recorded, the parties entered into a compromise on July 29, 1970 under which the tenant agreed to vacate the accommodation after one and a half years. A statement was made by the tenant before the Rent Controller setting out the terms of the compromise. On the same date, the Rent Controller passed an order of eviction in terms of the compromise. In the result the tenant was to vacate the premises by February 1, 1971.

(3.) THE learned District Judge has observed that the relationship of landlord and tenant between the parties was not in dispute, that the order dated July 29, 1970, of the Rent Controller was made under Section 13 of the Act and, therefore, by virtue of Section 15 (4) the order could not be called in question in a Court of Law. He has held that the jurisdiction of the Civil Court is barred. Accordingly, he has vacated the injunction granted by the learned Subordinate Judge.