BAHADUR CHAND Vs. KASHMIR STATIONERY MART

JUDGEMENT

(1.) THIS civil revision has been directed against the two orders dated 18th August, 1998 passed by the learned Rent Controller, Jalandhar, who allowed the application of the tenant and set aside the order dated 22nd July, 1988 and against the order dated 29th August, 2000 passed by the Appellate Authority, Jalandhar under the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called 'the Act') vide which it has been held that the revision of the landlord is not legally maintainable.

(2.) SOME facts can be noticed in the following manner : The landlord Shri Bahadur Chand filed ejectment application under Section 13 of the Act against Messrs Kashmir Stationery Mart through Shri Vijay Kumar and Harsh Kumar alleging themselves to be its partners. The ejectment application was ex parte allowed on 22nd July, 1988. The tenant filed an application under Order 9, Rule 13 of the Code of Civil Procedure before the learned Rent Controller who framed the following issues for the disposal of the suit :

(3.) AGGRIEVED by the said order, the landlord filed an appeal before the Appellate Court, Jalandhar which was dismissed on the ground that it was not maintainable under section 15 of the said Act, vide order dated 29th August, 2000. In this manner the present revision petition challenging the two orders.