SHADI LAL AND ANR. Vs. SHRI GURU RAVI DASS MANDIR, THROUGH MULUK CHAND
LAWS(P&H)-1979-12-31
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 13,1979

SHADI LAL AND ANR Appellant
VERSUS
GURU RAVI DASS MANDIR, MULUK CHAND Respondents

JUDGEMENT

- (1.) This revision petition is directed against the order of the Appellate Authority under the East Punjab Urban Rent Restriction Act, 1949, (hereinafter called the Act), dated May 30, 1975, whereby the order of eviction passed by the Rent Controller was affirmed and the appeal filed by the tenants-petitioners was dismissed.
(2.) The admitted facts, in brief, are that the property, in dispute, which is described as a khola (a walled enclosure without any roof) in the eviction application was leased out to the tenants, petitioners by the District Rent and Managing Officer in 1948, the property being evacuee property. Subsequently, the same was purchased from the Rehabilitation Department by one Harbilas who transferred the same by means of a gift deed. Exhibit A. 2 dated December, 9, 1968, in favour of Sabha Guru Ravi Dass Mandir Chowk Surafan, Hoshiarpur. The eviction application was filed on behalf of the Guru Ravi Dass Mandir through Maluk Chand as President on October 3, 1969. The eviction was sought on two grounds, namely, that the demised premises were unsafe and unfit for human habitation and were required for reconstruction and that the arreas of rent had not been paid. The tenants-petitioners contested this application. The ground regarding non-payment of arrears of rent did not survive as the arrears of rent were paid to the first hearing. So far as the second round was concerned, the Rent Controller came to the conclusion that the demised premises were proved to be unsafe and unfit for habitation and passed the eviction order. The same was upheld in appeal also. This has been challenged in the present revision petition.
(3.) The admitting order by Koshal, J., (as he then was) dated July 3, 1975, shows that revision petition was admitted only on the point of the locus standi of the Guru Ravi Dass Mandir to institute the proceedings.;


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