ONKAR NATH Vs. VED VIYAS

JUDGEMENT

(1.) THIS is a tenant's revision petition against an order of the Appellate Authority, Kangra, declining to stay the hearing of the tenant's appeal against an order of eviction.

(2.) THERE is a house situated in the town of Chamba. Several years ago, it was declared evacuee property. The Petitioner became a tenant in the house. Subsequently, the house was purchased by one Gurbachan Singh. Thereafter, Gurbachan Singh sold it to the Respondent. The Respondent then applied under Section 13 of the East Punjab Urban Rent Restriction Act to the Controller for the eviction of the Petitioner. The application was allowed and the Petitioner was directed to put the Respondent in possession. The Petitioner appealed to the Appellate Authority, Kangra, against the eviction order and the appeal is pending.

(3.) ON December 30, 1971 the Petitioner applied to the Appellate Authority, Kangra, for an order staying the proceedings in the appeal against the eviction order. It appears, however, that on December 6, 1972, counsel for the Petitioner appeared before the Appellate Authority and stated that the stay application was not pressed. The stay application was dismissed accordingly. But on March 6, 1973 a fresh application was made by the Petitioner before the Appellate Authority alleging that counsel had no authority to make the statement which he did on December 6, 1972 and praying that a stay order may be passed in the appeal. By his order dated January 3, 1975 the Appellate Authority has dismissed that application.