S.K. KALIA Vs. OM PARKASH

JUDGEMENT

(1.) Tenant has invoked revisional jurisdiction of this Court under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), challenging the judgment dated 17.9.1999 passed by the Rent Controller, Ferozepur as well as the judgment dated 16.1.2002 passed by the Appellate Court, Ferozepur, whereby both the Courts below directed eviction of the tenant - revisionist on the ground that the tenant has failed to pay arrears of rent and is defaulter, and further, on the ground that the tenant has impaired value and utility of the demise premises by making material changes and construction over the demise premises.

(2.) Brief facts of the present case are that the landlords have filed eviction petition under Section 13 of the Act for eviction of the tenant on two grounds that the tenant is in arrears of rent from 1.9.1991 to 30.11.1993, which he has not paid inspite of repeated requests and the tenant has converted the Barsati (temporary structure) on the roof of the demise premises into a room and has constructed walls in place of bricks Jali on the second floor in the said room.

(3.) Tenant - revisionist has filed his written statement contending therein that he has been paying rent without any receipt and has paid entire amount of rent and is not in arrears of rent. It is further contended by the tenant that he has not converted the Barsati (temporary structure) into a room by constructing walls and putting door and window on the walls. Tenant in the written statement has further contended that the Petitioners and proforma Respondents No. 2 to 4 are not the landlords of the premises and he has been paying rent only to applicant No. 3.