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2014 Supreme(P&H) 1603

G.S.SANDHAWALIA
Darshna Devi – Appellant
Versus
Kewal Krishan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Keshav Kataria, Advocate.
For the Respondent:K.B. Raheja, Advocate.

JUDGMENT :

G.S. Sandhawalia, J.

The challenge in the present revision petition filed by the tenant under Section 15(5) of the East Punjab Rent Restriction Act, 1949 is to the ejectment order dated 4.6.2011 passed by the Rent Controller, Abohar and also to the appellate order dated 9.9.2013.

2. The deceased respondent-Landlord filed a petition on 9.2.2007 seeking ejectment of the petitioner-tenant from the tenanted shop being part of property bearing No. 2035/2 situated at street No. 15, Bus Stand Street, Abohar. The shop situated in the said property is measuring 8-1/4' X 12' and had been rented out at the rate of L400/- per month on 5.3.1985 for a period of six months till 4.9.1985. The ejectment was sought on the ground that tenant was in arrears of rent qua the shop in dispute from 1.7.1992 and house tax and fire cess had also been assessed from 2.8.1993 and notice had been served upon him for making payment. The tenant was liable to make payment of fire cess at the rate of Rs. 108/- per year. The tenant was manufacturing and selling attachis but had changed the use of general merchant without the consent and had made holes in the walls and ceiling of the shop and therefore impaire

























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