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2023 Supreme(P&H) 488

ALKA SARIN
Mount Shivalik Hospitality Pvt. Ltd. – Appellant
Versus
J. Salwan & Company – Respondent


Advocates appeared:
Mr.Sanjeev Sharma, Senior Advocate with Mr. Sandeep Singh, Advocate, for the Appellant; Mr. Sanjay Kaushal, Senior Advocate with Ms. Ojaswaini, Advocate, for the Respondent

JUDGMENT

Alka Sarin, J. - The present revision petition has been preferred by the tenantpetitioner aggrieved by the order dated 22.02.2022 whereby the application filed by it for dismissal of the rent petition has been dismissed by the Rent Controller.

2. The tenant-petitioner took the demised premises on rent from the landlord-respondent vide lease and licence deed dated 19.02.2018. In 2021 the landlord-respondent filed an ejectment petition against the tenantpetitioner seeking its eviction from the demised premises. On 30.11.2021 the tenant-petitioner filed an application for dismissal of the ejectment petition in view of Section 69(2) of the Indian Partnership Act, 1932 (hereinafter referred to as the 'Partnership Act') contending that the landlord-respondent was an unregistered partnership firm. The landlord-respondent filed a reply to the said application and contested the same. Vide the impugned order the Rent Controller dismissed the said application. Hence, the present revision petition.

3. Learned counsel for the tenant-petitioner would contend that para 1 of the ejectment petition refers to a partnership deed dated 06.05.2019. However, there are no pleadings as to the said p

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