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1981 Supreme(P&H) 11

SURINDER SINGH
Nandu Mal Durga Dass, Moga – Appellant
Versus
Lekh Raj – Respondent


JudgmentJudgment

1. Lekh Raj respondent in this Revision Petition is the landlord and the petitioner-Firm Messrs Nandu Mal Durga Dass is the tenant of a shop situated in Western Market Moga Mandi. The respondent filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act for the ejectment of the tenant from the shop in question, on the ground that the petitioner had demolished the verandah marked ABCD as shown in the Plan annexed with the petition and this act of the petitioner had materially impaired the value and utility of the shop. It was also averred that the respondent had got a chobara on the first floor as shown at mark X in the Plan and the door of the said Chobara opened towards the roof of the demolished verandah which was being used as a courtyard. On account of the demolition of the verandah, the respondent was deprived of the use of that portion of the premises. The further allegation is that after the demolition of the verandah the petitioner started construction of a room over the site of the verandah but he was stopped from doing so in consequence of an injunction obtained by the respondent from a Civil Court, The petitioner-tenant resisted the e







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