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2004 Supreme(P&H) 601

M.M.KUMAR
Amarjit Singh Walia – Appellant
Versus
Harbans Singh – Respondent


Judgment

M.M.Kumar, J.

1. This is landlords petition filed under Section 18(A)(8) of the East Punjab Urban Rent Restriction Act, 1949 (for brevity the Act) challenging the order dated 29.4.2003 passed by the Rent Controller, Amritsar. The Rent Controller has granted leave to defend by observing that the objection with regard to maintainability of the application for leave to defend and the objection with regard to limitation would be decided afterwards.

2. Brief facts of the case arc that the landlord-petitioner filed an application under Section 13A of the Act seeking ejectment of the tenant-respondent from the demised premises on 18.3.2002. Notice of the application was issued for 2.5.2002. According to the report submitted, the service was affected by affixation on 10.4.2002. However, the Rent Controller ordered fresh service for 1.6.2002. According to the report submitted to the Rent Controller, the tenant-respondent refused to accept notice on 21.5.2002. Thereafter, the Rent Controller directed service by muniadi and fixed the date of hearing as 9.8.2002. Muniadi was effected on 4.7.2002 and the application for leave to defend was filed on 9.8.2002 by the tenant-respondent whic





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