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1994 Supreme(P&H) 720

NARESH JAIN
Kishori Lal – Appellant
Versus
Radha Rani Gupta – Respondent


Judgment

N.C.Jain, J.

1. Respondent Radha Rani Gupta claiming herself to be the landlord filed an ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act seeking eviction of the petitioner Kishori Lal from the demised premises on the ground of non-payment of rent. The petitioner Kishori Lal filed an application under Section 10 of the Code of Civil Procedure for staying the eviction proceedings on the ground that a civil suit between the same parties regarding the property in dispute is pending and, therefore, the present proceedings should be stayed. The Rent Controller by his order under challenge before this Court dismissed the application primarily on the ground that there is difference between a person being a landlord and a person being an owner of the demised premises. Kishori Lal petitioner has come up in revision before this Court.

2. Before me some of the facts have not been disputed by the counsel for the parties. It is an admitted fact that Kishori Lal is the owner of the demised premises and a suit for specific performance of agreement of sale filed by respondent Radha Rani Gupta against Kishori Lal petitioner is pending in the civil court wher





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