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2016 Supreme(P&H) 2133

AUGUSTINE GEORGE MASIH
Harjit Singh – Appellant
Versus
Kuldeep Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vishavjeet Singh, Advocate
For the Respondent:Mr. Gursimran Singh, Advocate for Mr. Inderpal Singh Parmar, Advocate

JUDGMENT :

AUGUSTINE GEORGE MASIH, J.

Petitioner has approached this Court impugning the order passed by the Rent Controller dated 07.04.2015, whereby, on the ground of personal necessity of the respondent-landlord, petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, for ejectment of the petitioner has been allowed, appeal against which preferred by the petitioner has been dismissed by the Appellate Authority, Ludhiana, on 12.07.2016.

2. It is the contention of the counsel for the petitioner that the whole shop was in possession of the petitioner and the possession was taken by the respondent-landlord on the basis of which FIR No.234 dated 23.10.2012 was registered against the respondent. During the investigation of the said FIR, a compromise (Ex.P-2) was entered into between the parties and as per the said compromise, a portion of the shop measuring 4'X9' was handed over to the petitioner whereas rent was fixed at the rate of Rs.1,000/- per month. He contends that the Courts below have not properly appreciated the factual position as is apparent from the FIR which was got registered by the petitioner as he was forcibly evicted from the tenanted premises. Th











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