Mukesh Sudhir vs Vinish Sood - 2023 Supreme(P&H) 1696

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1696

HARKESH MANUJA
Mukesh Sudhir – Appellant
Versus
Vinish Sood – Respondent

Advocates appeared:
For the Parties : Mr. V.P. Arora, Mr. Divanshu Jain, Mr. Rishabh Gupta

Judgment

Mr. Harkesh Manuja, J.

This order of mine shall dispose of abovementioned two revision petitions as common issue and facts are involved. For convenience, facts are being taken from Civil Revision No.6289 of 2019.

2. By way of CR-6289-2019, challenge has been made to an order dated 10.09.2019 passed by the Appellate Authority, Kapurthala, affirming the order dated 08.02.2019, passed by the learned Rent Controller, Kapurthala, whereby, eviction petition filed at the instance of the respondent-landlord, pertaining to a shop situated in Old Dana Mandi, Phagwara bearing Municipal NO. BXL-111/7 has been allowed.

3. Briefly stating, facts of the aforementioned case are that respondent filed an eviction petition against the petitioner qua a shop situated in Old Dana Mandi Phagwara, by making averments that he is co-owner/landlord of the building including the shop in dispute, to the extent of 2/5th share by virtue of sale deed dated 23.10.2009 executed by the previous co-owners, namely, Smt. Krishana Sood and Chander Kanta Ram Pal. The shop in dispute formed part of said building and there was a specific condition in the sale deed that respondent shall be entitled to the 2/5th share