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1987 Supreme(P&H) 546

D.V.SEHGAL
Kapil Dev Gupta – Appellant
Versus
Ram Kishan – Respondent


Judgment

D.V.Seghal, J.

1. Kapil Dev Gupta petitioner invoked the jurisdiction of the learned Rent Controller, Patiala under Section 13A of the East Punjab Urban Rent Restriction Act, 1949 (for short `the Act), by filing an application for ejectment of the respondent, who is tenant under him, from two rooms, one kitchen and one baithak adjacent to the deodhi on the ground floor of house No. 1398/2, situated in Jand Gali near Darshani Gate, Patiala. He alleged in the application that the said premises were let out to the respondent for the purpose of residence at the rate of Rs. 60/- per month. Thus, there was a relationship of landlord and tenant between the parties. He claimed that he was in the service of the Government of India and was posted at Delhi and it was for this reason that he had let out the said premises to the respondent. He retired from service on 30.9.1981 and wanted to settle permanently at his native place Patiala in the house in dispute. He, therefore, prayed that an order should be passed in his favour for recovery of possession of the premises from the respondent. He averred that he neither owned nor was occupying any residential house in the urban area concern











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