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2023 Supreme(P&H) 346

TRIBHUVAN DAHIYA
Shankar Dass (deceased) Through Lr Ashok Kumar – Appellant
Versus
Pardeep Kumar – Respondent


Advocates appeared:
Mr. Sandeep K. Sharma, Advocate, for the Appellant; Mr. H.K. Aurora, Advocate, for the Respondent

JUDGMENT

Tribhuvan Dahiya J. (Oral) - This is landlord's revision petition against the orders dated 12.8.2005 passed by the Rent Controller dismissing the eviction petition and against the order dated 20.11.2006 passed by the Appellate Authority, affirming the same.

2. Facts of the case in brief are, the petitioner/landlord (hereinafter referred to as 'the landlord') filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act'), for eviction of the respondents/tenants (hereinafter referred to as 'the tenants') from the shop, portion of Plot no. ED-290, Old Railway Road, Jalandhar City (hereinafter referred to as 'the demised premises'). The eviction was sought on two grounds; on account of non-payment of arrears of rent w.e.f. 1.8.1994 and house tax w.e.f. 1.4.1991, and that the demised premises was required by the landlord for his grandson, Vivek Prasher, who was studying in final year of B.A.M.S. at the time of institution of the petition on 17.4.1997. It was averred that on completion of degree in May 1997, he would start his medical practice in the demised premises. It was bona fide and earnest desire of the landlord to settle his gra

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