PARAMJIT KAUR Vs. GURMEET SINGH

JUDGEMENT

(1.) Tenant - revisionist has filed present revision petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), challenging the judgment dated 06.03.2007 passed by the learned Rent Controller, Rupnagar, as well as judgment dated 15.05.2008 passed by the learned Appellate Authority, Rupnagar, thereby directing the eviction of the tenant - revisionist from the demised shop.

(2.) Landlord - respondent has filed eviction petition against Paramjit Kaur - revisionist and Kulwant Singh (O.P. No. 2 in the eviction petition), alleging therein that earlier Mohinder Singh was tenant of the shop in dispute and after his death, Paramjit Kaur - revisionist inherited the tenancy rights and after the death of her husband, she has sublet the shop in question to O.P. No. 2 - Kulwant Singh without permission of the applicant and she has transferred entire possession to O.P. No. 2 - Kulwant Singh and Kulwant Singh is in exclusive possession of the demised shop. It is further averted by the landlord that tenant is in arrears of rent from 01.04.2001 till the date of filing of the eviction petition. Landlord has further averted in the eviction petition that he requires shop in question for his personal use and occupation. It is contended by the landlord that he is a diploma holder in electrical and he wants to establish himself in the demised shop.

(3.) Eviction petition filed by the landlord - respondent herein was resisted by the O.Ps. It was contended by the revisionist - tenant that O.P. No. 2 is a real brother of the deceased husband of the revisionist and he helps her in her business and she has never sublet the alleged shop. It is further averted by the tenant that tenant is not in arrears of rent and entire arrears along with cost and interest was paid on the first date of hearing. The alleged need of the landlord is also disputed.