MANVINDER SINGH Vs. SANJAY KUMAR

JUDGEMENT

(1.) Present petition is filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) by the landlord - revisionist challenging the judgment dated 3.10.2008 passed by the Rent Controller, Jalandhar, whereby eviction petition moved by the landlord under Section 13B of the Act was dismissed.

(2.) Brief facts of the present case are that the landlord moved an eviction petition under Section 13B of the Act against the tenant - respondent herein on the ground that the petitioner is an NRI. Respondent along with one Sodhi Ram were tenants under Kewal Singh, father of the petitioner, who had purchased the property vide registered sale deed dated 3.7.1972. Father of the petitioner Kewal Singh expired on 16.8.1989, leaving behind the petitioner, his brother Gurmit Singh and Harbans Kaur, widow as his legal heirs; as per the family settlement/private partition, shop in dispute alongwith shop in occupation of Sodhi Ram, fell into the share of the petitioner and since then the petitioner is landlord and the respondent is tenant under the petitioner; petitioner has bonafide intention to settle in India and required the demise premises under the tenancy of the respondent and another shop under the tenancy of Sodhi Ram; petitioner wants to carry out his business in India in the demise shop.

(3.) Respondent - tenant sought leave to defend the eviction petition, stating therein that the landlord has no locus-standi to file the present petition; petitioner - landlord wants to pressurise the respondent - tenant to enhance the rent; there was no family partition between the legal heirs of Kewal Singh and the petitioner has never become owner of the property in question and the respondent never became tenant under the petitioner; petitioner has no intention to settle in India and has no bonafide requirement of the shop in question.