MUKESH KUMAR Vs. S. KULDEEP SINGH

JUDGEMENT

(1.) The appellant-Mukesh Kumar is the tenant of Shop No. 5 at Guru Amardas Chowk, Model Town, Jalandhar. In the instant Civil Appeal, he challenges the Order of Eviction from Shop No.5 under Sec. 13-B of the Act(East Punjab Urban Rent Restriction Act, 1949.).

(2.) S. Kuldeep Singh, son of S. Harbhajan Singh-owner, filed Eviction Application No.6 of 2003 against the appellant-tenant for the subject premises before the Rent Controller, Jalandhar. Parties are referred to as Mukesh Kumar and S. Kuldeep Singh for the appellant and the respondent, respectively. The eviction case is that S. Kuldeep Singh's father, late S. Harbhajan Singh, owned the tenanted premises. S. Kuldeep Singh inherited the ownership of the tenanted premises along with other legal heirs of S. Harbhajan Singh. The monthly rent is Rs.225.00. Mukesh Kumar continued to be the tenant of S. Kuldeep Singh even after the demise of S. Harbhajan Singh. The averments in the Application under Sec. 13-B of the Act are that S. Kuldeep Singh, born in India, was raised and educated in England. He was working for gains in England and was rendered without work due to recession. Therefore, he had come to India to make a living. It is averred that Shop No. 3 in the same complex, belongs to S. Kuldeep Singh. An application filed for eviction of Shop No. 3 ended in dismissal. Now, he seeks eviction of tenanted premises in Shop No. 5 for doing business. The categorical averment is that the owner, his brothers and his mother intend to do business in the complex's shops by converting the shop into a proper showroom. The Eviction Application has an averment that S. Kuldeep Singh has no other premises in his possession or occupation. Hence, the Petition for Eviction under Sec. 13-B of the Act.

(3.) The case set out by Mukesh Kumar for leave to defend Eviction Application is stated as follows: