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1989 Supreme(P&H) 272

J.V.GUPTA
Joginder Singh – Appellant
Versus
Nahar Singh – Respondent


Judgment

J.V.Gupta, J.

1. This is tenants petition against whom order has been passed under Section 13A of the East Punjab Urban Rent Restriction Act, as amended, by the Rent Controller, Ludhiana.

2. The landlord Nahar Singh was employed as a Postman and retired on 30.11.1982 on attaining the age of superannuation. He filed the present ejectment application under Secttion 13A on 20.8.1986 within one year of the coming into force of the Amending Act. He sought ejectment of his tenant alleging that at presentt he was in occupation of yellow portion as shown in the site plan out of the entire property comprising of unit No. B. XVIII, 3657. He does not own any suitable house and intends to reside in the entire building and requires the same for personal use and occupation. The portion shown in red and Jamni colour was let out by him to different tenants when he wsa in service. Hence he wants ejectment of the tenant, Joginder Singh. In the reply filed by the tenant it was pleaded that the landlrod was not specified landlord and hence petition under Section 13-A was not maintainable. He also pleaded that it was barred on the principles of res-judicata as an earlier petition filed by the l










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