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2009 Supreme(P&H) 1258

SURYA KANT
S. Sadhu Singh – Appellant
Versus
Col. Avnish Sharma – Respondent


Judgment

Surya Kant, J.

1. This revision petition is directed by the tenant against the order dated 20th April, 2009 passed by the Rent Controller, Chandigarh whereby his application, purportedly under Order 7 Rule 11 CPC "for dismissal of the application for ejectment dated 24th January, 2009 or in the alternative for grant of permission to defend the application for ejectment", has been dismissed and an order of eviction has been passed under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 , as is applicable to U.T., Chandigarh.

2. The facts may be noticed briefly.

3. The first respondent was serving as a Colonel in the Indian Army, who got premature retirement w.e.f. 26th February, 2008. He filed an ejectment application under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 (for short `the Act) as applicable to Chandigarh against the petitioner - tenant, inter-alia, averring that House No. 67, Sector 28-A, Chandigarh (in short `the demised premises) was owned by his father Shri J.M. Sharma and his mother Smt. Sanjogta Sharma (proforma respondent No. 2); Shri J.M. Sharma died about one and half years back and during his life time he had executed a





















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