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1983 Supreme(P&H) 355

I.S.TIWANA
Hans Raj Bansal – Appellant
Versus
Hardev Singh – Respondent


Judgment

1. Though the controversy raised in this first appeal appears to have assumed some enormity on account of the status and the expertise the two litigating parties have acquired in fighting legal battles - they are practising advocates of this Court of considerable standing - yet the facts noticeable to resolve the same are brief and short. As a matter of fact the factual assertions made in the pleadings have brought the two combatants in a very close arena.

2. As per the allegations in the plaint, the plaintiff-respondent along with his wife Mrs. Maninder Kaur. purchased House No. 127. Sector 10-A, Chandigarh, from one Shri Balwant Singh son of Atma Singh for a consideration of Rupees 1,27,000 vide sale deed dated May 31, 1979. At that time the defendant-appellant was in occupation of a portion of the ground floor as a tenant under Balwant Singh vendor at a monthly rent of Rs. 310. Having thus steeped into the shoes of Balwant Singh. the respondent initiated proceedings under Sec.13 of the East Punjab Urban Rent Restriction Act, 1949 (for short, the Act) in the Court of the Rent Controller. Chandigarh for the eviction of the appellant but the latter in his written statement













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