SITA RAM Vs. MALWINDER KAUR

JUDGEMENT

(1.) This revision petition is directed against the order dated 09.9.2010, passed by the learned Rent Controller, Amritsar, by which an application filed by the tenant under Order 3 Rule 1 of Code of Civil Procedure, 1908 (for short, 'CPC'), has been dismissed.

(2.) In brief, the landlord filed a petition under Section 13-A of The East Punjab Urban Rent Restriction Act,1949 (for short,'the Act') in order to seek eviction of the tenant from the demised premises (residential house) on the ground of personal use and occupation. The Petitioner/tenant filed an application on 27.7.2010 under Order 3 Rule 1 of the Code of Code of Civil Procedure alleging therein that Malwinder Kaur (landlady) who is allegedly resident of Canada and is pursuing the eviction petition through her Power of Attorney Sarbjit Singh has,in fact, died as he has been told by a friend who is also resident of Canada. Thus, it was clear that after her death, the present petition cannot continue as the necessity much-less bonafide as well as Special Power of Attorney executed in favour of Sarbjit Singh, has come to an end.

(3.) In the said application, reply was filed in which it was alleged that Malwinder Kaur is very much alive and to prove that fact, an affidavit dated 24.8.2010 was placed on the record which was sent from Alberta (Canada) alongwith the original envelope.