Mohd. Arshad vs Mohd. Rizwan - 2023 Supreme(P&H) 3130

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3130

NIDHI GUPTA
Mohd. Arshad – Appellant
Versus
Mohd. Rizwan – Respondent

Advocates Appeared:
Mr. Jai Bhagwan, Advocate; For the Petitioner

Table of Content
1. initial facts regarding eviction petition (Para 1 , 2)
2. petitioner's argument on respondent's lack of rights (Para 3)
3. court observations on tenant-landlord relationship (Para 4 , 7 , 8 , 9 , 10)
4. conclusion dismissing the revision petition (Para 11 , 12)

JUDGMENT

Nidhi Gupta, J.

Prayer in this revision petition is for setting aside the order dated 6.12.2022 (Annexure P-7) passed by Ld. Rent Controller, Malerkotla whereby the application moved by the petitioner for correcting the already framed issue no.3 and for framing of additional issue has been dismissed.

2. Brief facts of the case are that the respondent filed an application under section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') for eviction of the petitioner from the demised shop, as fully detailed in the head note of the application, on the grounds of bona fide necessity and non-payment of rent. During the pendency of the eviction petition, petitioner filed an application seeking correction of the already framed issue No.3 and for framing of additional issue. It is this application which has been dismissed by the Ld. Rent Controller, Malerkotla vide order dated 6.12.202

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