Court : Punjab and Haryana
Decided on : Feb-05-1974
Reported in : AIR1974P& H339
Man Mohan Singh Gujral, J.1. Lalit Behari Petitioner applied for the eviction of the respondent, Sant Lal, from a shop situated in Rori Bazar, Sirsa, mainly on the ground that the premises had become unsafe and unfit for human habitation and that he had been directed by the Municipal Committee to demolish the same. The tenant resisted the application and pleaded that the building was fit for habitation and that the landlord had managed to get a notice issued by the Municipal Committee in collusion with the President who was related to him with the only object of getting the tenant evicted. In view of this, the parties went to trial mainly on the following issue:-'Whether building is unfit and unsafe for human habitation?'Relying on the rule laid down in Panna Lal v. Jagan Nath, 1963-65 Pun LR 528, Chuhar Mal v. Balak Ram, 1964-66 Pun LR 503 and Raj Kumari v. Shadi Lal, 1969-71 Pun LR 245, the learned Rent controller held that this ground was not available to the landlord as he had not ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-08-1974
Reported in : AIR1974P& H303
S.S. Sandhawalia, J.1. The complexities of the practical application of the otherwise settled principles of constructive res judicata have necessitated this reference to the Full Bench. The question for determination has been formulated in the following terms:--'Whether the decision of the High Court declining to issue a writ of mandamus on the assumption that a statutory rule was valid operates as res judicata in a subsequent suit instituted after the statutory rule had been declared as unconstitutional by the Supreme Court of India?'The facts are not in dispute and a brief marshalling thereof with particular reference to the issue of law involved, therefore, suffices. Pt Nand Kishore, respondent, was employed a an Assistant in the Food Distribution Branch of the Punjab Civil Secretariat when he was compulsorily retired from service by an order in the following terms:--'Order of the Governor of Punjab:Sanction is accorded under the provisions of Rule 5.32(b) of the Punjab Civil Servic...
Tag this Judgment!