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2011 Supreme(P&H) 595

RAKESH KUMAR JAIN
Mulkh Raj – Appellant
Versus
Nisha Jain – Respondent


Judgment

Rakesh Kumar Jain, J.

1. By this common order, I shall be disposing of two revision petitions, namely CR No.2105 of 2009 titled as Mulkh Raj and others v. Nisha Jain and others , and CR No.2106 of 2009 titled as Mulkh Raj v. Nisha Jain and another, as the same facts and question of law are involved in these revision petitions.

2. These revisions petitions are directed against the orders dated 20.02.2009 passed by the learned Rent Controller, Chandigarh by which applications filed by the tenants for dismissal of the eviction petition on the ground that it is not maintainable, has been dismissed.

3. For convenience, the facts are being extracted from CR No.2105 of 2009. The landlord filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short "the Act"] in respect of booth No.49, Sector 21-C, Chandigarh, which was allegedly rented out at a monthly rent of Rs.600/- vide rent note dated 02.12.1982, on the grounds that the tenant has not paid the rent since 01.06.1990, has sublet the demised premises, changed the user and caused material additions and alterations without permission. In reply, it was admitted that the demised premises
























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