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2010 Supreme(P&H) 2094

ALOK SINGH
Narayan Dass – Appellant
Versus
Teja Singh – Respondent


Judgment

Alok Singh, J.

1. Present revision petition is filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for brevity the Act) by the tenant challenging the judgment passed by learned Rent Controller dated 4.4.2006, whereby learned Rent Controller, Ludhiana has directed eviction of the tenant, petitioner herein, under Section 13B of the Act.

2. Brief facts of the present case are that landlord, respondent No. 1 herein, filed an eviction petition, subsequently converted under Section 13B of the Act, for eviction of the tenant/petitioner, claiming that he is an NRI; he is owner of the property for more than five years before the filing of eviction petition; property in question was given to the tenant/petitioner on rent @ Rs.1800/- per month in the year 1998; landlord has returned to India and requires tenanted premises for his use and occupation; landlord wants to start modernized Auto Spare Unit in the entire building.

3. Tenant/petitioner sought leave to defend on the ground that landlord has also filed similar application against one Devinder Singh who is also occupying one shop forming part of the property, hence, two eviction applications under Secti














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