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2022 Supreme(P&H) 1713

MANJARI NEHRU KAUL
Col. H. S. Dhillon (retd. ) (deceased) Th. Lrs. – Appellant
Versus
Akhilesh Kumar Sinha – Respondent


Advocates appeared:
Mr. Ashwani K. Chopra, Senior Advocate with Mr. Gursher Bhandal & Mr. Brahmjot Nahar, Advocates, for the Appellant; Ms. Tarun Jain Sinha, Advocate and Mr. A.K. Sinha, for the Respondent

JUDGMENT

Manjari Nehru Kaul, J. - The petitioner/landlord is impugning the judgment and order dated 06.05.2015 passed by the Appellate Authority, Chandigarh vide which it reversed the findings of the Rent Controller in a petition filed under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as, 'the Act').

2. Before proceeding further, it would be relevant to point out that the present rent petition was instituted before the Rent Controller on 27.10.1997, however, the same was dismissed as withdrawn on 03.12.2002 in view of the notification dated 07.11.2002 vide which the Act was made inapplicable to UT, Chandigarh. The said notification was later set aside by the Hon'ble Supreme Court vide order dated 07.11.2006 passed in CA-4688-2006 titled as 'Vasu Dev vs. Union of India'. On 11.12.2006 an application for restoration of the present rent petition was moved by the petitioner, however, since the tenant was allegedly evading service in the restoration application, a fresh petition under Section 13 (second petition) of the Act was filed wherein it was specified in para No.5 that if the respondent appears in the restoration application, the second p

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