Maya Ram Bajaj vs Pankaj Dua - 2023 Supreme(P&H) 2781

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2023 Supreme(P&H) 2781

ARCHANA PURI
Maya Ram Bajaj – Appellant
Versus
Pankaj Dua – Respondent

Advocates Appeared:
Mr. Satyendra Chauhan, Advocate for Mr. P.S.Khurana, Advocate; For the Petitioner
Mr. Divanshu Jain, Advocate; For the Appellant-Respondent.

JUDGMENT

Archana Puri, J.

CM- 20230-CII-2019

During the pendency of the revision petition, filed by the petitioner-tenant, to challenge the concurrent findings of the Courts below, vis-a-vis, eviction order, so passed vide judgment dated 25.01.2018, which stood affirmed, vide judgment dated 13.12.2018 passed by Appellate Authority, the applicant-landlord has filed the present application, thereby, seeking determination of mesne profits, for the use and occupation of the demised premises, while fixing the market rate of rent.

2. In the application, it is averred that the applicant-landlord had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, thereby, seeking eviction of the tenant-Maya Ram Bajaj, who is petitioner in the revision petition, from the shop situated in the portion of property bearing No.13-B, Model Town, Jalandhar, adjoining Punjab and Sind Bank, Jalandhar, on the ground of personal necessity and the same was allowed vide order dated 25.01.2018 by learned Rent Controller. An appeal was filed by the tenant and the same was dismissed vide judgment dated 13.12.2018. Thereafter, the tenant had filed CR No.555-2019 before this Court and this Co