P.L. MORADA Vs. S.D. BAKSHI

JUDGEMENT

(1.) This is an application filed by Major (Retd.) P.L. Morada for a certificate for the purpose of filing an appeal to the Supreme Court against the judgment and order passed by this Court dismissing the R.S.A. No. 40 of 1973 against the judgment and order of the appellate authority under the East Punjab Urban Rent Restriction Act as applicable to Himachal Pradesh affirming on appeal the judgment and order of the Rent Controller dismissing the objections filed by the present Petitioner under Sec. 47 of the Code of Civil Procedure.

(2.) The Petitioner is a tenant of a portion of the Grange Villa, Simla, which belongs to Shri S.D. Bakshi. Shri Bakshi had filed and application under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 (shortly called the Act of 1949) for eviction of Shri Morada on the ground that he required the premises for his personal' use. The eviction order was passed by the Rent Controller on 23 -2 -1972 and the same was confirmed by the High Court in revision on 9 -11 -1972. Thereafter a review petition was filed and the same was also dismissed. While the landlord took out execution before the court of the Senior Sub -Judge the Petitioner filed objections under Sec. 47 of the Code of Civil Procedure (shortly called the Code) which was also dismissed on 5 -12 -1975 right upto the High Court in the, second appeal, against which the Petitioner wants a certificate for the purpose of filing the appeal.

(3.) Under Article 133 of the Constitution, as amended, an appeal shall lie to the Supreme Court from the judgment, decree or final order in a civil proceeding of a High Court if the High Court certifies that: (a) the case involves a substantial question of law of general importance, and (b) in the opinion of the High Court the said question needs to be decided by the Supreme Court.