JAGDISH KAUR Vs. DINESH DHAND

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 14.08.2013 [Annexure P/5] passed by Rent Controller, Ludhiana, whereby application filed by the petitioner for taking site plan [Ex.P9] showing the correct dimensions of the property in dispute in lieu of site plan [Ex.P4], was dismissed.

(2.) Relevant facts of the case; that the petitioner had filed an Ejectment Petition under Section 13 of the East Punjab Urban Restriction Act for ejectment of the respondent from one shop forming part of building No. B-12-158 (New) and B-II-455 (Old) Karimpura Bazar, Ludhiana which was shown red in the site plan.

(3.) Respondent filed written reply taking the plea that the area/size of the shop in possession his possession is 8'x40' whereas, the petitioner has deliberately set-up the size of the demised shop as 8'x12'.6" simply to deceive and hoodwink the Court. As such, present petition for ejectment is for partial ejectment. Thereafter an application was filed by the petitioner for considering the site plan [Ex. P9] in lieu of site plan [Ex.P4] with the submission that the demarcation of the shop was 40'x8' and correct site plan Ex. P9 is on the file. Ejectment of the respondent has been sought from the entire shop and not from part of the shop. So, the site plan Ex. P9 be considered.