Kalra Cloth House vs Ishar Dass (Deceased) Through LRs

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2760

ARUN MONGA
Kalra Cloth House – Appellant
Versus
Ishar Dass (Deceased) Through LRs – Respondent

Advocates Appeared:
Mr. D.S. Patwalia, Sr. Advocate with Mr. Gaurav Rana, Advocate for the revisionists.
Mr. S.K. Garg Narwana, Sr. Advocate with Mr. Vishal Garg Narwana, Advocate, Mr. Nitin Sachdeva, Advocate, Mr. Japjit Singh Johal, Advocate; For the Respondents

JUDGMENT

Arun Monga, J. (Oral)

CM-9768 & 14530-CII-2022

For the reasons stated in applications, same are allowed. Documents are taken on record, subject to all just exceptions

Main case

Petition herein is for setting aside order dated 04.01.2013 whereby petition under Section 13 of East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') for ejectment of revisionists from the portion of shop of Building No.B-XX-554, Ghumar Mandi, Ludhiana, was allowed on the ground of personal necessity and revisionists were directed to vacate the said premises from the date of said order. Further, prayer is made to set aside order dated 30.10.2013, whereby appeal filed by revisionists against impugned order was also dismissed.

2. Succinct facts first, as pleaded in the instant petition.

2.1. Revisionists herein took a portion of the demised premises i.e., property No. B-XX -554, Ghumar Mandi, Ludhiana initially on rent @ Rs.15/- per month as far back in the year 1961. However, neither any lease was entered into nor any rent note signed between the parties. Thereafter, rent for the demised premises was increased to Rs.29/- per month and subsequently to Rs.175/- per month