SHIV MANGAL Vs. INDERPAL MITTU

JUDGEMENT

(1.) Present revision is filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short Act of 1949) by the petitioner-tenant against the impugned judgment dated 11.01.2016 passed by learned Appellate Authority, Amritsar, whereby an appeal of respondent-landlord was accepted and the order dated 04.08.2014 of the learned Rent Controller, Amritsar dismissing his eviction petition had been set aside.

(2.) Brief facts of the case are that respondent filed Rent Petition No.187 dated 28.11.2005 under Section 13 of the Act of 1949 for eviction of the petitioner from backside (rear portion) of first floor Property No.960/IV (present No.265-266/IV), Bazar Churian Wala, Katra Mohar Singh, Amritsar (hereinafter referred as demised premises). It is averred that, petitioner was inducted as a tenant by the earlier owner/landlord, namely Baldev Raj w.e.f. 01.12.1995 on the basis of rent note dated 03.12.1995 at a monthly rent of Rs.200/- plus house tax, with a stipulation that after every three years, there shall be an increase of rent @ 10%. Respondent purchased the entire building including the demised premises from said Baldev Raj, on the basis of Sale Deed dated 05/08.05.2000 registered on 10.05.2000; thus, by operation of law, he became the landlord and their relationship as landlord- tenant has been continuing since then. Grounds of ejectment, in brief, are as under:-

(3.) On the basis of pleading of the parties, learned Rent Controller, framed following issues 09.03.2006:-