SANTOSH KUMARI Vs. TARSEM LAL

JUDGEMENT

(1.) The petitioner as the landlord of the disputed premises on rent with the respondent filed an application before the Rent Controller, Ludhiana, under section 13 of the East Punjab Urban Rent Restriction Act, 1949 , (hereinafter referred to as the Act) for his eviction on the ground that he was a tenant of the demised premises at a monthly rent of Rs. 30/- since 25th of July, 1961. The ground urged in support of the eviction is that the respondent has sub-let the premises and that she required those for her personal use and occupation.

(2.) The respondent contested the proceedings and disputed the claim of the petitioner to be the landlord. It was averred that as a consequence of a decree passed by the civil Court Digvijay Kumar and Kumari Shashi Jain, son and daughter of the petitioner respectively, have become the owners of the disputed property. On that ground, according to the respondent, the petitioner had no right to file the eviction application. He also averred that the rent had been recovered from him by the petitioner after the decree of the civil Court by mis-representation and for that he had ired a complaint under section 420 of the Indian Penal Code against her in a criminal Court.

(3.) The matter was tried by the Rent Controller on the following issues :