JAGTAR SINGH Vs. MANGAT SAINI AND ORS.

JUDGEMENT

(1.) REVISIONIST has invoked re -visional jurisdiction of this Court under Section 15(5) of the East Punjab Urban Rent Restriction Act assailing the order dated 12.12.1994 passed by Rent Controller Patiala as well as order dated 7.10.1996 passed by Appellate Authority Patiala where by the eviction petition filed by Respondent No. 1 - landlord was allowed and eviction order was passed.

(2.) THE brief facts of the present case are that an eviction petition under Section 13 was filed by the landlord (Respondent No. 1 herein) initially against Respondent No. 2 (Bank herein) contending that Bank has taken House No. 5 -B from the landlord on rent as a tenant @ Rs. 700/ - per month to be paid in advance. It has further been contended that Respondent - Bank has allowed Mr. B.L. Rehani, Manager of the Bank to occupy the disputed premises. The further contention of the landlord is that tenant has failed to pay rent since March 1988. The further ground for eviction taken is that tenant has raised unauthorized construction on the premises without the permission of the landlord and construction has diminished the utility and value of the building.

(3.) PETITIONER alongwith other L Rs of Sh. B.L. Rehani moved an application for seeking impleadment in the eviction petition which was allowed. Thereafter, separate reply was filed by the L Rs of Sh. B.L. Rehani stating therein that building was taken on rent for Sh. B.L. Rehani and Bank has never taken the premises on rent. It has further averred that Bank has nothing to do with the premises in question. The further contention of the L Rs of Sh. B.L. Rehani is that Sh. B.L. Rehani was senior officer in the State Bank of Patiala who died while in service leaving behind the L Rs and landlord has received rent from the account of Sh. B.L. Rehani through the Bank and landlord has received rent upto 31.3.1988. It has further been contended that landlord has accepted the rent from June 1988 to November 1990 amounting to Rs. 21,000/ - from the Respondents in this Court.