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2011 Supreme(P&H) 212

L.N.MITTAL
Tejinder Pal Singh – Appellant
Versus
Municipal Corporation, Jalandhar – Respondent


Judgment

L.N.Mittal, J.

1. C.M.No. 864-C of 2011 :

Allowed as prayed for.

C.M. No865-C of 2011 :

For reasons mentioned in the application, which is accompanied by affidavit, delay of 19 days in filing the appeal is condoned.

Main Appeal:

Plaintiff Tejinder Pal Singh having failed in both the courts below is in second appeal.

2. Plaintiffs case is that disputed shop no.l was leased out by defendant Municipal Corporation, Jalandhar to the plaintiff prior to the year 1979 at Rs. 800/- per month rent. Security amount of Rs. 9,600/- deposited by the plaintiff is still lying deposited with the defendant. The plaintiff has paid the rent regularly since inception of tenancy at the agreed rate. However, the defendant has issued notice dated 06.01.2005 demanding 1, 00,297/- from the plaintiff as arrears of rent till 30.11.2004. The said demand has been challenged in the suit alleging it to be against principles of natural justice and therefore, illegal and null and void. The demand has been made on the basis of enhancement of rent @ 20% with retrospective effect, and therefore, demand is bad. Accordingly, the plaintiff sought mandatory injunction directing the defendant not to raise any deman









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