PREM NATH Vs. VARINDER KUMAR JAIN
LAWS(P&H)-2012-5-37
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 10,2012

PREM NATH Appellant
VERSUS
VARINDER KUMAR JAIN Respondents

JUDGEMENT

- (1.) The application is allowed. Annexures P/1 to P/5 are taken on record subject to all just exceptions. CM No. 473 S. CII of 2011 Allowed as prayed for. CM No. 5070.CII of 2011 The application is allowed and Annexure P/6 (Photographs) are taken on record subject to all just exceptions. CM No. 30514.CII of 2011 Allowed as prayed for. CM No. 30515.CII of 2011 The application is allowed and report Annexure P/6 is taken on record subject to all just exceptions. CR No. 1126 of 2011 Tenant Prem Nath has filed this revision petition having been unsuccessful before both the Authorities below. Respondents/landlords Varinder Kumar Jain and his mother Shakuntla Rani (since deceased and represented by legal representatives) filed ejectment petition against the petitioner - tenant under section 13 of the East Punjab Urban Rent Restriction Act, 1949 (in short, the Act) seeking ejectment of the tenant from the demised shop on the ground that the same has become unfit and unsafe for human habitation. The tenant denied the same and pleaded that water from the tap on the roof installed by the landlords leaked through the roof and therefore, the roof required minor repairs.
(2.) Learned Rent Controller, Faridkot vide judgment dated 20.4.2007 allowed the ejectment petition and ordered ejectment of the tenant from the demised shop. Appeal preferred by the tenant has been dismissed by learned Appellate Authority, Faridkot vide judgment dated 21.12.2010. Feeling aggrieved, tenant has filed this revision petition.
(3.) I have heard learned counsel for the parties and perused the case file.;


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