Kanta Devi Fresh Revision
Kanta Devi Fresh Revision
Kanta Devi Fresh Revision
1. Sh. Subash Chander son of Sh. Wed Parkash son of Sh. Kanshi
Ram, resident of Mohalla Julkian, Batala.
2. Sh. Happy Kumar
Appellants
Vs.
1. Sh. Dev Bhushan son of Sh. Krishan Gopal c/o M/S Garg
Trading Com, Randhor road, Near Masjid, Yamuna Nagar,
Haryana.
2. Sh. Pawan Kumar Aggarwal son of Sh. Krishan Gopal, Kothi
No.248. Sector 14, Karnal, Haryana.
3. Sh. Mohinder Pal Aggarwal son of Sh. Krishan Gopal D.B.N.
road Batala,
4. Sh. Dinesh Kumar alias Desa son of Sh. Krishan Gopal,
shopkeeper at Chakri Bazar, Blatala.
5. Smt. Kanta (daughters of late Sh. Krishan Gopal residents of
6. Smt. Sharda Gali Naiyan, Ohri Chowk, batala.)
... Respondents.
Appeal u/s 15 of the East Punjab Urban Rent Restriction Act (Act No.
II of 1949), 1949, against the order dated 17/03/2003 passed by the
court of Sh. Kuldip Singh, PCS, Rent Controller, Batala in Rent Appl.
No.7 of 16/7/99 whereby the application of the applicants/appellants
was dismissed with costs.
Claim in appeal: For the setting aside and reversal of the order dated
17/03/2003 and for the passing of an ejectment order against the
respondents by the acceptance of the appeal with costs of both the
courts.
JUDGMENT
Gurdaspur.
Memo of costs
Appellant Respondent.
1. Stamp for memorandum Rs. 13.00 ------
of Appeal
2. Stamp for powers Rs. 18.75 Rs. 25.00
3. Service of Process Rs. 2-00 ------
4. Pleader’s fee Not taxed for want of certificate
5. Misc. Rs. 6-25 -------
Total: Rs. 40-00 Rs. 25.00
AW 1
We are two sisters and four brothers namely me i.e. Kanta. Sharda,
Dev Bhushan, Pawan, Dinesh, Mohinder. I am eldest among all
brothers and sisters. And thereafter Dev Bhushan, Sharda, Pawan.
Dinesh. Mohinder as per their age. I was in tender age when our
father Krishan Gopal took the shop on rent and same might be 65/70
years back. I cannot tell exact year of creation of tendency. I do not
know what was the rate of rent initially at the time of creation of
tendency. I also do not know the present rate of rent. I do not know if
the rent deed was written or not. I cannot tell the length and breadth
of the shop in dispute. I have seen the shop in dispute from outside
voluntarily I rarely entered in the shop in dispute. I do not remember
when I have seen the shop in dispute voluntarily said I have seen
shop in dispute prior to my marriage. Earlier my father was running
shop in dispute. I cannot say if Dinesh Kumar was sitting with our
father in the shop in dispute during his life time. My father was
expired about 19-20 years ago. After the death of my father Dinesh
Kumar is sitting in the shop in dispute. At present Dinesh Kumar is
running the shop in dispute. I was married in the year 1968 at
Phagwara. Sharda is also married at Phagwara but I do not remember
year of her marriage. She is married since more than 40 years. Now
the days Dev Bhushan is residing at Yamuna Nagar. I do not
remember since when he is residing at Yamuna Nagar. But it might
be about 25 years. Pawan Kumar is residing at Karnal about 25
years. Mohinder Pal is residing at Anand Vihar Batala. He is doing the
karyana business at dera road. My husband is running the business
of sanitary at Phagwara and my son is sitting with his father.
Husband of Sharda is running the electrical business at Phagwara
and her son is also sitting with his father. My name is Kanta. It is
wrong to suggest that my name is also Kamal Kanta. I am
matriculate. I mostly sign in Hindi. It is wrong to suggest that I also
used to sign in English. I do not remember in which language Sharda
used to sign. She never signed in my presence. I do not remember in
which language Dinesh Kumar used to sign. It is wrong to suggest
that I gave my objection in the execution under the name of Kamal
Kanta. I do not know Subhash Chander and Happy respondents. I
never met them. I am in less talking terms with Dinesh Kumar since
last 14-15 years. There was no specific quarraling between me and
Dinesh Kumar but there are several other things in the family. Dinesh
Kumar is having one daughter and I think 3 sons. I am not having
much visiting terins on joys with Dinesh Kumar. All my children are
married. Dinesh Kumar and his family. did not attend marriage of my
children. It is correct that today I came in the Court with Dinesh
Kumar. I come from Phagwara today morning. Dinesh Kumar met me
today in the Court only. I came in Batala court today for first time
only. My advocate in this case is Arvind Gupta. Dinesh Kumar has no
roll for engaging the said advocate by me. It is wrong that Dinesh
Kumar has engaged the said advocate for me. I never visited the Court
except today. I cannot tell the situation of the shop in dispute towards
East. North, West and South. I use to visit to Batala after 15.30 days.
I do not know if the main case is pending since last 20 years. I came
to know about the said proceedings about 4-5 years back when some
official of the Court went there and talked about this case was arisen.
I cannot tell the exact date. At that time I was not present at the shop.
This fact was told to me by my servant which I employed in shop in
dispute. His name is Deepak. I am paying him Rs. 5000 PM. He is
residing in the area of Hathi Gate Batala. I do not know if my
husband is income tax payer or not. Deepak is not employee of
Dinesh but is employed by me and Sharda in the shop in dispute
from our side. He is serving at the shop since the last 8-10 years. I
am not maintaining the record of monthly payment to Deepak. I do
not know if my sister Sharda is income tax payee or not. Deepak is
not visiting to us at Phagwara. We use to have telephonically
conversation with him. We have not written any partnership with
Dinesh Kumar however we are having the share in the business. I
cannot produce any record regarding the record of account in the
shop in dispute. It is wrong to suggest that I am not having any share
in the business. It is further wrong to suggest that I have constitute a
false story about Deepak. Deepak is used to talk to me after about a
week. Deepak never informed about the pendency about the present
case except above mentioned incident which I have narrated. It is
wrong to suggest that I along-with my sister Sharda appeared
through counsel in the appeal which was pending in District Court
Gurdaspur. Voluntarily we were never aware about any such appeal. I
identified my signature on application U/o 9 R 13 dated 01.11.2018
in this file. I cannot identify the signature of Sharda as I have already
stated. Signature on application U/o 9 R 13 by Sharda was not done
in my presence. I cannot say my sister Sharda used to sign in which
language. I have seen certified copy of power of attorney dated
28.07.2003 which is now Mark A and the same does not bear my
signature at point A. It is wrong to suggest that I am deliberately
denying my signature on Mark A. I do not know about any
proceedings in the High Court or Supreme Court and its fate. i have
first time seen power of attorney Mark A when you have shown me
now in the Court and prior to that I have never seen the said
document. It is wrong to suggest that I have engaged Sh. Ashok
Tiwari and Sh. Ashok Sharma Advocate Gurdaspur as my counsel in
the appeal. It is wrong to suggest that I along-with my sister Sharda
was well aware regarding the ejectment proceedings pending at Batala
as well as appeal in appellate court Gurdaspur, High Court
Chandigarh, and Supreme Court of India. It is wrong to suggest that I
was also well aware regarding the order of Exparte which was passed
by the rent controller Batala against me and my sister Sharda. It is
also wrong to suggest that I have created a false and 38
S/d-
15.03.2019
Annexure P-
S/d-
17.08.2019