MASSA SINGH Vs. CHAUDHARY BARU MALL CHARITABLE TRUST DHARAMSHALA DHURI
LAWS(SC)-1988-4-20
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on April 06,1988

MASSA SINGH Appellant
VERSUS
CHAUDHARY BARU MALL CHARITABLE TRUST DHARAMSHALA,DHURI Respondents

JUDGEMENT

- (1.) This is a petition for leave to appeal against the Judgment and Order dated 9/04/1987 of the High court of Punjab and Haryana at Chandigarh whereby the High court dismissed the Revision Petition while upholding the Order of eviction passed by the Rent Controller in view of the provisions of S. 13 (2) (iii) of the East Punjab Urban Rent Restriction Act, 1949. The High court, afterconsidering all the facts, has come to a finding and observed as follows: "The tenant himself stated in paragraph 5 of the written statement that some repairs were made in the shop with the consent of the landlord. The necessity according to him, had arisen because the shop was a very old building. Roofs and walls were about to fall. Some material had already fallen from the 242 walls which obstructed the functioning of the shop. That being the plea taken by the tenant, the appellate authority found that the building being very old one, the construction of the Parchhati had definitely put weight on the walls thereby diminishing the value and utility of the building in question. Thus on the facts and circumstances of the cases, I do not find any illegality or impropriety in the finding of the appellate authority. "the aforesaid come definitely within the mischief of S. 13 (2) (iii) of the Act in question.
(2.) In the aforesaid view of the matter, it is not. possible for us to interfere with the finding of the High court. This special leave petition must fail and is, therefore, dismissed accordingly.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.