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2009 Supreme(P&H) 381

K.KANNAN
Surinder Gupta – Appellant
Versus
Hukam Chand – Respondent


Judgment

K.Kannan, J.

1. Civil Revision No. 5979 and 6063 of 2007 are respectively petitions arising out of petitions filed by the same landlord in relation to the ground floor and the first floor of the building respectively. The landlords requirement to the premises under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) was upheld by the Rent Controller and the aggrieved tenants are the revision petitioner before this Court. The grounds of challenge are the same in both the petitions and therefore they are disposed of by a common order. The objections by the tenants are taken on five different grounds.

1. The landlords withdrawal of an application filed in respect of the property without any liberty obtained from the Rent Controller for prosecuting a fresh application on the same ground constituted a bar under Order 23 Rule (1), (3) and (4) of the Civil Procedure Code.

2. The affidavit given by the party in Court in support of the chief examination was not properly verified and therefore could not be relied upon.

3. The certificate of retirement from Government service as contemplated under Section 13-A of the Act. The sale deed










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