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2019 Supreme(P&H) 1005

JAISHREE THAKUR
Vijay Kumar – Appellant
Versus
Sham Lal Through Lr Karan Sachdeva – Respondent


Advocates Appeared:
Amit Dhawan, Adv., Harit Sharma, Adv.

JUDGMENT :

Jaishree Thakur, J.

1. This is the civil revision petition filed under Article 227 of the Constitution of India seeking to quash impugned order dated 25.09.2017 passed by Civil Judge, Jr. Division, Nakodar, District Jalandhar whereby application filed by the respondent under Order 6 Rule 17 C.P.C, has been allowed.

2. In brief the facts are that the respondent filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 seeking ejectment of the shop in dispute on the ground that the petitioner is in arrears of rent along with the plea that he requires the shop for his personal necessity to start a separate business. On receipt of notice of the petition, the petitioner filed his written statement on 25.03.2015 to which a replication was filed controverting the stand in the written statement. In the examination-in-chief, it was duly affirmed that the shop in dispute is required by the deponent for his personal necessity to start the business for his grandson Karan Sachdeva. Bharat Bhushan, who had been appointed as general attorney by Sham Lal, the landlord, also stepped into the witness box and affirmed by way of an affidavit that the shop

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