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1995 Supreme(P&H) 1340

N.K.KAPOOR
Sant Lal – Appellant
Versus
Prem Chandel – Respondent


JudgmentJudgment

N.K.Kapoor, J.

1. This revision petition is against the order of the appellate authority allowing the respondents application for adducing additional evidence.

2. The respondent filed an application Under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act) for eviction of the petitioner from the premises in dispute on the ground of non payment of rent.

3. The petitioner-tenant put in appearance, filed written statement and took up the plea that there is no relationship of landlord and tenant between the parties and that the rent petition is not maintainable. On merit, it was stated that the respondent is neither the owner nor the landlord of the demised premises. Even the rate of rent was disputed and it was stated that the premises in dispute was, in fact, meant for economically weaker section for which monthly instalment payable to Chandigarh Housing Board is Rs. 70/- per month and so the rate of rent is Rs. 70/- per month.

4. The Rent Controller framed three issues i.e. existence of relationship of landlord and tenant between the parties; maintainability of the petition; and the effect of non payment of rent as claimed by the landlo





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