LAWS(P&H)-1990-4-47

NARAIN SINGH Vs. JOGINDER SINGH

Decided On April 24, 1990
NARAIN SINGH Appellant
V/S
JOGINDER SINGH Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the order dated June 10, 1988 whereby the application under Section 13A of the East Punjab Urban Rent Restriction Act filed by the petitioner - Narain Singh was dismissed.

(2.) NARAIN Singh landlord filed an application under Section 13A of the Act for summary ejectment of his tenant Joginder Singh. According to the landlord, the demised premises is a room forming part of the residential house. On notice served on the tenant he moved an application to contest the ejectment application on the ground that the demised premises was not a residential building as alleged. The learned Rent Controller came to the conclusion that "there is sufficient indication from the pleadings of the parties that the demised premises is a shop under the possession of the respondent-tenant because of which the same was beyond the scope of provisions of Section 13A of the Act" and dismissed the ejectment application vide impugned order.