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2022 Supreme(P&H) 2097

ARVIND SINGH SANGWAN
Neeraj Malhotra – Appellant
Versus
Jaswant Singh – Respondent


Advocates appeared:
Mr. Anil Kumar Sharma, Advocate, for the Appellant.

JUDGMENT

Arvind Singh Sangwan, J. - Prayer in this petition is for setting-aside the order dated 18.04.2022 passed by the Lower Appellate Court vide which the order dated 25.08.2021 passed by the Rent Controller, U.T., Chandigarh, allowing the application filed by the petitioner under Order 7 Rule 11 CPC, was allowed.

2. Brief facts of the case are that the respondent/landlord filed an eviction petition under Section 13 of the Punjab Urban Rent Restriction Act, 1949 (as amended upto date) (hereinafter referred to as 'the Act of 1949'), for eviction of the petitioner from the tenanted premises/house on the ground of non-payment of rent, change of user as well as personal necessity. The said rent petition was filed in the year 2018. The petitioner/tenant appeared and filed an application under Order 7 Rule 11(d) CPC for rejection of the petition on the ground that the petition is filed under the provisions of Section 13 of the Act of 1949, stands repealed and Section 75 of the Punjab Rent Act, 1995 (in short 'the Act of 1995') provides that on commencement of the Act of 1995, the East Punjab Urban Rent Restriction Act, 1949 (Act No.3 of 1949), stands repealed. It is further provided th

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