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2023 Supreme(P&H) 476

H. S. MADAAN
Rameshwar Dass – Appellant
Versus
Harbans Singh – Respondent


Advocates appeared:
Mr. Amit Jain, Sr.Advocate with Mr. Karanbir Singh, Advocate, for the Appellant; Mr. Sunil Chadha, Sr.Advocate with Mr. Parvinder Singh, Advocate, for the Respondent

JUDGMENT

H.S. Madaan, J. - Briefly stated, facts of the case are that petitioner Harbans Singh, aged 54 years son of late Sh.Harbhajan Singh @ Pajan Singh, temporarily staying at House No.1348, Phase - 3B2, Mohali had filed a petition under Section 13-B of the East Punjab Urban Rent Restriction Act (hereinafter referred to as the Act) against respondent/tenant Rameshwar Dass son of Rikhi Ram, resident of SCF No.1, Sector 27-C, Chandigarh (hereinafter referred to as the demised premises).

2. Inter alia in the petition, the petitioner had contended that originally the demised premises were jointly owned by Surjit Singh and late Harbhajan Singh @ Pajan Singh, both sons of late Naranjan Singh in equal shares; the respondent was inducted as a tenant in the demised premises on 8.9.1978 vide a rent note on payment of Rs.1,100/- per month as rent; the respondent had increased the rent to Rs.10,000/- per month of his own since May, 2013; however, about a month before filing of the petition (the petition was filed on 19.12.2014), the rent was increased to Rs.10,400/- per month, which was being paid through cheque; that late Harbhajan Singh @ Pajan Singh expired on 28.9.2008 at Delhi and petiti

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