KHUSHI RAM Vs. AMIN CHAND AND ORS.
LAWS(P&H)-1951-5-24
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 29,1951

KHUSHI RAM Appellant
VERSUS
Amin Chand And Ors. Respondents

JUDGEMENT

Harnam Singh, J. - (1.) ON the 9th of December, 1949, Amin Chand, sham Lal and Jaswant Rai applied under Section 13(3) of the East Punjab Urban Rent Restriction Act, 1949, for the ejectment of Khushi Ram from a shop situate in the 'abadi' of Jullundur City, 'Bazar Boharwala.' In the application it was stated that Khushi Ram was an arrears, that the landlords required the shop or their own use and that the landlords required the shop for the re -erection of landlords required the shop for the re -erection of that shop. Khushi Ram resisted the application pleading 'inter alia' that no valid notice of ejectment had been served by the applicants on the Respondent, that the applicants had no 'locus standi' to maintain the application and that the Respondent was not liable to be ejected on the grounds mentioned in the application.
(2.) IN deciding the case, Shri Radha Kishan, Subordinate Judge, First Class, Jullundur, found that a valid notice of ejectment had not been recovered by the applicants on the Respondent, that applicants Nos. 2 and 3 had no 'locus standi' to (sic)de the application and that there was no ground or ordering the eviction of the Respondent. From the order passed by Shri Radha Kishan, Subordinate Judge, First Class, Jullundur, on the 26th of July, 1950, Amin Chand, Sham Lal and Jaswant Rai appealed in the Court of the District Judge, Jullundur, under Section 15 of the Cast Punjab Urban Rent Restriction Act, 1949. in deciding the appeal the District Judge has found that the notice given by the applicants to the Respondent was valid, that the applicants had locus standi' to file the application and that the grounds for the eviction of the Respondent mentioned in the application had been proved. On these foundings the appellate authority has set aside the order passed by Shri Radha Kishan, Subordinate judge, First Class, Jullundur, and has ordered that Khushi Ram Respondent shall put Amin Chand, Sham Lal and Jaswant Rai in possession of the shop within a period of three months beginning with the 20th of January, 1951.
(3.) KHUSHI Ram applies under Article 227 of the Constitution of India for the revision of the order passed by the appellate authority on the 20th of January 1951.;


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