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2022 Supreme(P&H) 2102

MANJARI NEHRU KAUL
Sumer Chand Through His Legal Representatives – Appellant
Versus
Mela Ram Dharam Sarup – Respondent


Advocates appeared:
Mr. Kanwaljit Singh, Sr. Advocate with Ms. Neha Anand Mahajan, Advocate, for the Appellant; Mr. Chetan Mittal, Sr. Advocate with Mr. Kunal Mulwani, Advocate and Ms. Sehaj Sandhawalia, Advocate, for the Respondent.

JUDGMENT

Manjari Nehru Kaul, J. - The instant revision has been filed by the landlord to impugn the concurrent findings recorded by the Rent Controller as well as the Appellate Authority in a petition filed under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as the 'Act') by him vide which he had sought the eviction of the respondenttenant from Shop No. 583 situated at Lower Bazar, Kalka, District Panchkula. Parties shall be referred to by their original positions in the rent petition.

2. In brief the case of the petitioner-landlord may be noticed as thus; Shop No. 583 situated at Lower Bazar, Kalka, District Panchkula, consists of two parts. A part of the aforementioned shop had been rented out to the respondent-tenant at the rent of Rs.700/- per annum to begin with (hereinafter referred to as the demised premises) whereas in the other part, the landlord was running a confectionary shop in the name and style of M/s Sandeep Confectionary. On 24.09.1998, a compromise was effected between the parties and the rent was enhanced to Rs.150/- per month w.e.f. 01.10.1998, which was to be enhanced at the rate of 10% every three years. The land

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