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2011 Supreme(P&H) 1768

RAKESH KUMAR GARG
Madan Lal – Appellant
Versus
Nirmal Kumari – Respondent


Advocates appeared:
Mr. Ram Bilas Gupta, Advocate for the petitioner(s).
Mr. B.S. Thind, Advocate for the respondent(s).

JUDGMENT

Rakesh Kumar Garg, J.

1. This judgment shall dispose of two revision petitions i.e. CR No.4605 of 2011 and 5638 of 2011 as both these petitions have arisen out of ejectment proceedings of the petitioner from the demised premises.

2. The respondent-Nirmal Kamari initially filed an eviction petition before the Rent Controller under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as the “Rent Act”). Later on, respondent No.2 was also impleaded as party vide order dated 27.10.2009 as she had purchased the suit property from Nirmal Kumarirespondent No.1. The ejectment order was passed against the petitioner-tenant by the Rent Controller on 5.5.2003. Appeal preferred by him was accepted by the Court of Sh. H.S. Bhangoo, the then Appellate Authority, Panchkula vide his order dated 8.8.2003. However, in Civil Revision No.454 of 2004 filed on behalf of the respondent-landlord vide order dated 4.3.2008, the case was remanded back to the Appellate Authority. Ultimately the Appellate Authority, Panchkula upheld the order of the Rent Controller of evicting the petitioner and dismissed the appeal vide its judgment dated 16.9.2008.

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