Decided on May 31,1954

HARI SINGH Appellant


- (1.) This is a petition under Article 226 of the Constitution and Section 60 of Ordinance No. 10 of 2005 Bk. for writ of certiorari, mandamus, prohibition, or such other direction or order as may be deemed appropriate in the circumstances of the case.
(2.) The Petitioner is a tenant of a shop that is the property of Respondent No. 3, Mahan Singh. The shop is situate at Mandi Rampura Phul and the rent is Rs. 120/- payable half-yearly. On 9-3-1951, Respondent No. 3 made an application under Section 13, Pepsu Urban Rent Restriction Ordinance (Ordinance No. 8 of 2006 Bk.) for ejectment of the Petitioner on the ground of nonpayment of rent. The Rent Controller found that there had not been payment of rent for nine months previous to the date of the application by, Respondent No. 3 and that there was no substance in the plea of the Petitioner that he could set off the amount spent by him upon repairs as against the arrears of rent because he did not carry out the repairs with the consent of or notice to the Respondent No. 3 as the landlord. So by his order, dated 25-4-1953, he directed ejectment of the Petitioner from the shop on the ground, urged by Respondent No. 3. The Rent Controller is Respondent No. 2 in the case.
(3.) The Petitioner went in appeal to the Deputy Commissioner at Barnala against the order of Respondent No. 2 passed by him as Rent Controller. It appears that before the appeal could be heard there was some kind of administrative combination of districts of Barnala and Sangrur and one Deputy Commissioner at Sangrur was appointed for both the districts, with the Additional Deputy Commissioner at Barnala. The appeal was heard by the Additional Deputy Commissioner at Barnala Respondent No. 1, and was rejected on 25-8-1953, on the ground of non-payment of rent by the peti tioner and of non-tender of rent by him at the first hearing of the application of Respondent No. 3 before the Rent Controller.;

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