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2008 Supreme(P&H) 435

RAJIVE BHALLA
Pritpal Singh – Appellant
Versus
Devinder Kumar – Respondent


Judgment

Rajive Bhalla, J.

1. The petitioner, challenges an order dated 19.12.2006 passed by the learned Rent Controller, as also the order dated 7.1.2007 passed the Appellate Authority, Fatehgarh Sahib directing his ejectment on the ground of personal necessity.

2. The respondent-landlord, filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), praying for ejectment of the petitioner, on the grounds of personal necessity, failure to occupy the tenanted premises since 2001 and on the plea of non payment of rent. The petitioner contested the ejectment petition, whereupon the learned Rent Controller framed the following issues:

1. Whether the petitioner requires the demised premises for his personal necessity? OPA

2. Whether the respondent has ceased to occupy the demised premises as the same are lying closed since September 2001 as alleged? OPA

3. Whether the tender by the respondent is complete and valid? OPR

4. Whether this petition is not maintainable as alleged? OPR

5. Whether there exist relationship of landlord and tenant between the petitioner and respondent? OPA

6. Relief.

3. The learned trial Court decided i






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