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2023 Supreme(P&H) 365

NIDHI GUPTA
Kamlesh Malhotra – Appellant
Versus
Arun Kumar – Respondent


Advocates appeared:
Mr. Naveen Sharma, Advocate, for the Appellant; Mr. Vaibhav Sehgal, Advocate, for the Respondent

JUDGMENT

Nidhi Gupta, J. - Present revision petition has been filed by the petitioner/ tenant seeking setting aside of order dated 22.8.2014 passed by ld. Rent Controller, Ludhiana whereby her application u/s 18(4) of The East Punjab Urban Rent Restriction Act,1949 (hereinafter referred to as 'the Act') seeking leave to defend has been rejected and the petition filed by the respondent/landlord u/s 13-B of the Act, for recovery of immediate possession of the residential portion at ground floor comprising of two rooms, one drawing room, dining room, one kitchen, store and three bathrooms and open space, forming part of property No.127-E, Bhai Randhir Singh Nagar, Ludhiana (hereinafter referred to as the 'demised premises') has been allowed.

2. Facts in brief are that the petitioner was inducted as tenant in the demised premises by the mother of the respondent namely Usha Kumari. It is stated case of the petitioner that rate of rent was settled @ Rs.5500/- per month between the parties. Smt. Usha Kumari, original landlord, died on 28.9.2009 in England. It is pleaded case of the petitioner that after the death of Usha Kumari rent was received by the respondent upto January 2013 and for w

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