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2005 Supreme(P&H) 251

AJAY K.MITTAL
Naresh Kumar Gupta – Appellant
Versus
Kartar Kaur (Died) Through Lrs. – Respondent


Judgment

Ajay Kumar Mittal, J.

1. In this revision petition under Article 227 of the Constitution of India, filed by the judgment-debtor, the challenge is to the order dated 11.6.2,004 passed by the Additional Civil Judge (Senior Division), Rajpura which has been affirmed by the Additional District Judge, Patiala on 18.10.2004.

2. The respondent filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short "the Act") for ejectment of the petitioner from the shop in dispute on the grounds of non-payment of arrears of rent and materially impairing the value and utility of the said shop. The petition was dismissed by the learned Rent Controller on 14.5.1994. Appeal filed by the respondent was allowed by the appellate authority by judgment dated 19.3.1996. The appellate authority came to the conclusion that petitioner Naresh Kumar had not been able to prove the purchase of super-structure from Ranjit Singh, the original owner and the story put forth by him that he had taken on lease only the site underneath from Ranjit Singh was not true. The appellate authority concluded that Ranjit Singh had let out the super-structure to Naresh Kumar and that Ranjit







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