Supreme CourtFull Bench(1981) 07 SC CK 0008

Radhey Shyam vs Nazar Singh

Supreme Court Of India · Decided on 30 July 1981 · Citation: AIR 1982 SC 100 : (1981) 4 SCC 147

HON’BLE JUDGES
V. Balakrishna Eradi, J · R. S. Pathak, J · E. S. Venkataramiah, J
RESULT
Dismissed
CASE NUMBER
Civil Appeal No. 69 of 1978

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Judgment

4 paragraphs · 181 words

R.S. Pathak, J.—This is a tenant's appeal directed against the judgment dated Sep. 21, 1977 of the High Court of Punjab and Haryana dismissing his revision petition in limine.

2.

A petition was filed by the landlord for the eviction of the tenant on the ground that he needed the accommodation for his bona fide personal requirement The accommodation consists of a shop-cum-flat and was leased out @ Rs. 300/- per month. The statutory authorities under the East Punjab Urban Rent Restriction Act concurrently held that the accommodation was a "residential building" by virtue of the definition in Sub-section (g) of Section 2 of the Act. That finding was not assailed before the High Court.

3.

Before us learned Counsel for the appellant wants to reopen the finding whether the accommodation in question can be described as a "residential building" within the meaning of Section 2(g) of the Act. Having refrained from challenging the finding in the High Court we do not see why we should be permitted to do so here.

4.

The appeal fails and is dismissed with costs.