JITENDRA KUMAR CHOPRA Vs. BALAURA SINGH

JUDGEMENT

(1.) The petitioners filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for ejectment of the respondent on the ground of personal necessity from the house in dispute. It was alleged by them that this house previously was the property of the Joint Hindu Family, consisting of the petitioners and their father Dr. Balraj Chopra, but has fallen to their share in a family settlement, dated April 16, 1974.

(2.) The application was opposed by the tenant who alleged that he took the demised premises from Dr. Balraj Chopra; that there was no relationship of landlord and tenant between them ; that Balraj Chopra had filed an application for his eviction on a similar ground, but failed and that to by pass that order, this petition has been filed by adopting this device of family settlement.

(3.) The learned Rent Controller, after recording evidence of the parties, held that the alleged family settlement was a sham transaction and dismissed the ejectment application, upholding the plea of the respondent. The finding of the learned Rent Controller was confirmed on appeal by the Appellate Authority vide judgment dated December 11, 1978.