1981 INSC 0364
                                                   Radhey Shyam

                                                           Vs

                                                     Nazar Singh

                                           Civil Appeal No. 69 of 1978

                               (R.S. Pathak, E.S. Venkataramiah, V.B. Eradi JJ)

                                                      30.07.1981

                                                     JUDGMENT

PATHAK, J. ­

1. This is a tenant's appeal directed against the judgment dated September 21, 1977 of the High
Court of Punjab & 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 he should be permitted to do so here.

4. The appeal fails and is dismissed with costs.

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