JOGINDER SINGH SODHI Vs. AMAR KAUR

JUDGEMENT

(1.) The present appeal is filed by the appellant against an order of eviction passed the Rent Controller. Ludhiana in R.A. No. 24 of 1985, confirmed by the Appellate Authority in MCA (r) No. 42/RBT-37 of 1987-1990, as also confirmed by the High Court of Punjab and Haryana in Civil Revision No. 2115 of 1990.

(2.) The appellant Joginder Singh Sodhi was original respondent No. 2. Smt. Amar Kaur, respondent herein, filed R.A. No. 24 of 1985 against Sodhi Mukand Singh (since deceased) and Joginder Singh (Respondent No. 2-appeliant herein) for recovery of possession of suit premises being shop No. 7 out of property No. B.XX.609, Premjit Market, Ferozepur Road, Ludhiana. The property was let out to deceased Mukand Singh on a monthly rent of Rs. 50/- by lease-deed executed by late Mukand Singh on December 9, 1966. Whereas the case of the petitioner-landlady was that the property was let out to deceased Mukand Singh, the say of Mukand Singh was that he took the property on lease for his son Joginder Singh-respondent No. 2.

(3.) The landlady filed an Eviction Petition under Section 13 of the East Punjab Urban Rent Control Act, (hereinafter referred to as "the Act") seeking eviction of both the respondents on two grounds; namely, (i) non-payment of rent and (ii) sub-letting. The respondents filed a common reply denying the allegations. According to them, they were not in arrears of rent, nor the premises were sub-let by respondent No. 1 to respondent No. 2. They asserted that the premises were taken by the father for being used by the son since the very beginning.