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2023 Supreme(P&H) 378

SANJIV BERRY
Security Defence Systems – Appellant
Versus
Abhishek Gupta – Respondent


Advocates appeared:
Mr. Varun Dhawan, Advocate, for the Appellant

JUDGMENT

Sanjiv Berry, J. (Oral) - The present revision petition has been filed against the order dated 23.11.2022 (Annexure P-1) passed by learned Rent Controller, Chandigarh, whereby the defence of the petitioners was struck of.

2. The impugned order dated 23.11.2022 has been assailed by the petitioner claiming that he is tenant in the rear half portion of the property, which he had taken on rent in the year 1992 from one Mohinder Singh and have been paying rent regularly to him. The respondent had filed rent petition, Annexure P-2, and on receipt of notice the petitioner appeared and filed application under Section 10 of East Punjab Urban Rent Restriction Act (hereinafter referred to as 'Act') directing the respondent to open the common washroom of first floor of the SCO 63, Sector 46, Chandigarh and to allow him uninterrupted access to said common washroom. The reply to this application was filed by respondent landlord but the learned Rent Controller, Chandigarh did not hear the arguments on the said application.

3. It is contended by learned counsel for the petitioners that petitioners had filed application under Section 10 of the Act, wherein reply had also been received and und

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