RANA INDER PARTAP SINGH Vs. RANJIT SINGH GHUMAN

JUDGEMENT

(1.) Heard.

(2.) Learned counsel for the revision petitioner submits that this application was moved by the respondent under Section 22 of Punjab Rent Act, 1995 which is not applicable to this case as the ejectment petition was filed under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949. The application filed by the landlord was not maintainable but has been allowed by the Rent Controller without any discussion on this point.

(3.) The dispute pertains to the demised premises. The respondent has taken a plea that the petitioner has made some concealment regarding the facts of his possession over the portion of the house in question. The Rent Controller has permitted the landlord to take his draftsman to prepare the site plan of the demised premises after inspection at the spot and gave direction to the revision petitioner not to cause any obstruction in the inspection of the demised premises. The order passed by the Rent Controller will not cause any prejudice to the revision petitioner. The mere fact that the application has been filed under Section 22 of Punjab Rent Act is immaterial and insignificant. Even if the provision in which the application filed, is wrongly mentioned, it is the spirit of the application and the relief sought which is relevant and not the Section mentioned in the head note of the same.