KANSHI RAM Vs. BANSI LAL

JUDGEMENT

(1.) This review petition prays for the recalling of our judgment and order dated June 19, 1974 allowing a revision petition.

(2.) The petitioner is the landlord of a shop in Solan. He applied under Section 13 of the Bast Punjab Urban Rent Restriction Act for the eviction of the respondent-tenant from the shop. On July 29, 1970 the Controller passed an order of eviction in terms of a compromise arrived af between the parties. Under the compromise the tenant agreed to vacate the accommodation by February 1, 1971.

(3.) On March 16, 1972 a, suit was filed by the tenant for a declaration that the order dated July 29, 1970 was a nullity and he was not obliged to leave the premises. He also applied for an interim injunction. The learned Subordinate Judge granted an injunction on May 20, 1972 restraining the landlord from enforcing the order of the Controller during the pendency of the suit. The landlord filed an appeal, and on November 28, 1972 the learned District Judge made an order vacating the injunction. Thereafter, the tenant applied in revision to this Court against the order of the learned District Judge. This Court held that the order of the Controller was a nullity, the order having been made without reference to any of the statutory grounds of eviction. Being a nullity, the Court said, the order could be questioned by a suit in a court of law. The court observed that the order of the learned District Judge vacating the injunction suffered from a jurisdictional error. The Court set aside the order of the learned District Judge and restored the order of the learned Subordinate Judge granting an injunction.