NARINDER KAUR Vs. BALBIR SINGH

JUDGEMENT

(1.) The tenants are in revision against the orders of the Courts below by which they have been ordered to vacate the shop (demised premises) on the ground of personal necessity of the andlord.

(2.) In brief, respondent No. 1/landlord filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949for short ''the Act''. for eviction of the petitioners from the demised premises which was let out to one Davinder Pal Singh at the monthly rent of Rs. 250/-. The said Davinder Pal Singh died in the month of September 2001 and his tenancy rights were inherited by the present petitioners. The landlord had sought eviction on the ground of personal necessity besides non-payment of rent etc. and the eviction order was passed by the learned Rent Controller vide its order dated 07.03.2009 by observing as under :-

(3.) The appeal was filed only by widow and one daughter of late Davinder Pal Singh. During the pendency of the appeal, they filed an application under Order 41 Rule 27 of the Code of Civil Procedure, 1908for short ''CPC''. in order to lead additional evidence to prove that the landlord is in possession of a vacant shop. The said application was dismissed by the learned Appellate Authority vide its order dated 31.05.2010 after observing as under :-