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1998 Supreme(P&H) 1564

V.S.AGGARWAL
Ashok Kumar – Appellant
Versus
Banarsi Dass – Respondent


Judgment

V.S.Aggarwal, J.

1. The present revision petition has been filed by Ashok Kumar and others (hereinafter described as the petitioners) directed against the order of the learned Rent Controller, Dasuya dated 23.11.1994 and of the Appellate Authority, Hoshiarpur dated 3.5.1997. The learned Rent Controller had passed an order of eviction against the petitioners and the appeal filed by the petitioners had been dismissed by the Appellate Authority.

2. The relevant facts giving rise to the present revision petition are that an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 they; short the Act) had been filed with respect to the shop which had been let out to the petitioner. It had been alleged that the property had been mortgaged with one Narinder Singh for a sum of Rs. 11,000/- vide two mortgage deeds. A suit was filed for possession by way of redemption where the tenants have set up the claim that they are the tenants at monthly rent of Rs. 150/-. It was held that Krishan Chand precedessor-in-interest of the petitioners was tenant under the respondents. A preliminary decree of redemption was passed. The property had been redeemed on the payment




















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