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2021 Supreme(P&H) 870

LISA GILL
Atelier Automobiles – Appellant
Versus
Gurjit Singh Kohli – Respondent


Advocates Appeared:
Abhivadya Sood, Advocate, Mayank Mathur, Advocate

JUDGMENT

Lisa Gill, J. - This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

2. This petition has been filed for setting aside order dated 10.11.2020, Annexure P-1, passed by the learned Rent Controller, Patiala, whereby application under Order 7 Rule 11 CPC, filed by the petitioners, for rejection of the rent petition filed by the respondent has been dismissed.

3. Brief facts necessary for adjudication of the case are that respondent filed a petition under Section 20 (2) of the Punjab Rent Act, 1995 (for short Rent Act ), seeking ejectment of the present petitioner from the premises in question on the ground of non-payment of rent.

4. An application under Order 7 Rule 11 CPC, Annexure P-3, was filed by the petitioner, seeking rejection of the said petition on the ground that petition under the Rent Act is not maintainable and the remedy, if any, available to the landlord, is under the Transfer of Property Act,1882 (for short T.P. Act ). Petitioners application under Order 7 Rule 11 CPC, was dismissed by the learned Rent Controller, vide impugned order dated 10.11.2020.

5. Aggrieved therefrom, present revision petition has been

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