PARVEEN KAUR ARORA Vs. PARVEEN KUMAR

JUDGEMENT

(1.) This is tenants' revision petition challenging the impugned order dated 27.8.2008 of the Rent Controller, Jalandhar whereby eviction of the petitioners has been ordered from the demised premises and the judgment dated 8.2.2010 of the Appellate Authority, Jalandhar dismissing their appeal against the aforesaid order of the eviction.

(2.) Brief facts of the case are that the respondent-landlords filed an ejectment application under Section 13 of the East Urban Punjab Rent Restriction Act, 1949 (for short 'the Act') pleading that they were owner/landlord of the demised property which was purchased by them by way of registered sale deed dated 26.4.1999. One Surinder Kumar (predecessor-in- interest of the petitioners) was inducted as a tenant in the said shop by way of rent note dated 29.5.1991 at the rate of Rs. 425/- per month under Surti Lal from whom the respondents have purchased the said property and as such, there was relationship of landlord and tenant between the parties. It was further averred that after the death of Surinder Kumar, the demised property was lying closed and the petitioners had ceased to occupy the same since then. It was further pleaded that initially the rate of rent was Rs. 425/- per month which was to be increased at the rate of 5% every year and at present, the rate of rent is Rs. 468/- per month.

(3.) The ejectment of the petitioners was sought on the ground that they were in arrears of rent since June, 2003 at the rate of Rs. 468/- per month; that they have ceased to occupy the demised premises after the death of Surinder Kumar; that the demised property was unfit and unsafe for human habitation and the same was required by them for their bonafide necessity. It was further pleaded that the respondents had not vacated any other premise without any sufficient cause since commencement of the Act.