LAWS(P&H)-2011-3-965

RATTAN CHAND AND ORS Vs. RAGHBIR SINGH

Decided On March 03, 2011
RATTAN CHAND AND ORS Appellant
V/S
RAGHBIR SINGH Respondents

JUDGEMENT

(1.) This order shall dispose of two revision Petitions bearing CR No. 6931 of 2010 titled as 'Rattan Chand and Ors. v. Raghbir Singh' and CR No. 6932 of 2010 titled as 'Surinder Singh and Anr. v. Raghbir Singh'. In both the cases, while deciding an application filed under Section 13B of the East Punjab Urban Rent Restriction Act, 1949 [for short "the Act"], the applications filed by the tenants under Section 18A(5) of the Act have been dismissed by the learned Rent Controller.

(2.) The main emphasis laid by learned Counsel for the Petitioner(s) to assail the finding of the learned Rent Controller is on the issue whether Raghbir Singh has proved himself to be the owner of the demised premises from the last 5 years before filing of the eviction Petition as required under Section 13B of the Act. He has submitted that the entry in jamabandi is not a sufficient evidence to prove the ownership and for that matter leave to defend should have been granted as has been granted in the other cases of the same landlord against the tenants of the adjoining shops, in which full trial had taken place.

(3.) I have heard learned Counsel for the Petitioner(s) and perused the record.