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2013 Supreme(P&H) 1147

RAKESH KUMAR GARG
Sanjiwan Kumar @ Pappu Khad Wala – Appellant
Versus
Sarabjit Kaur – Respondent


Advocates:
Advocate Appeared
Mr. Raj Kumar Gupta, Advocate for the petitioner.
Mr. Devinder S. Gurna, Advocate for the respondent.

Judgment

RAKESH KUMAR GARG, J.

Respondent-landlady filed a petition for ejectment of the petitioner-tenant from the demised premises on the averments that she is owner cum landlady of the premises in dispute and a Non Resident Indian and at present permanently settled in England with her family. She is owner of the property as detailed in the plaint to the extent of 33/320 shares and had constructed two big godowns in a part of the land which are exclusively owned and possessed by her and have been duly depicted as ‘ABCD’ in the site plan annexed with the plaint. The petitioner is a tenant in the premises in question, i.e. both the godowns @ Rs.5500 per month since April 2005. The tenancy is oral and there is no formal document in the shape of any rent note etc. The petitioner was making payment of rent @ Rs.5500 per month through her special attorney Raghbir Parshad son of Ram Saroop, who was also issuing receipts; but the petitioner was in arrears of rent since July 2011. He was also requested to vacate the premises in question as the respondent herself was in need of the same for her own use and occupation being NRI landlady as her husband Shaminder Singh is going to retire from


















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