Ashok Fruit Company Through Prop. And Another v. Chander Mohan Khanna

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH C.R. No.5669 of 2019 (O&M) Date of Decision:10.12.2019 Ashok Fruit Company through Prop. and another

...Petitioners

Vs Chander Mohan Khanna

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Divanshu Jain, Advocate for the petitioners.

Mr. Amar Vivek, Advocate for the respondent.

-.- JAISHREE THAKUR J. (ORAL) Learned counsel for the respondent-landlord seeks to withdraw the original eviction petition with liberty to file a fresh one on the same cause of action since the pleadings in the instant case are faulty and do not conform to the provisions as laid down in Section 13 (3) of the East Punjab Urban Rent Restriction Act, 1949.

Learned counsel appearing on behalf of the petitioners-tenants raises no objection to the said request.

Accordingly, the instant civil revision petition is disposed of permitting the landlord-respondent herein to withdraw the eviction petition giving liberty to the respondent-landlord to file a fresh one on the same cause of action and setting aside the eviction order dated 12.07.2018 passed by the Rent Controller, affirmed vide order dated 28.08.2019 of the Appellate Authority.

(JAISHREE THAKUR) JUDGE December 10, 2019 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2019.12.13 17:15 I attest to the accuracy and integrity of this document