LAWS(P&H)-2002-12-39

THE KALI BARI MANDIR COMMITTEE Vs. BHIM RAJ

Decided On December 18, 2002
The Kali Bari Mandir Committee Appellant
V/S
Bhim Raj Respondents

JUDGEMENT

(1.) THE Kali Bari Mandir Committee, Ferozepore Cantt, i.e. the petitioner-landlord sought eviction of Bhim Raj, the respondent-tenant, by filing an ejectment application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, on the ground of non-payment of rent, by alleging that the rent had not been paid for the period from 1.1.1983 to 31.4.1983; on the ground of subletting, by alleging that the respondent-tenant Bhim Raj had sublet the premises to Radhey Sham; on the ground of having effected unauthorised alterations in the premises by alleging that the alterations had impaired the value and utility of the premises; and on the ground of personal necessity by alleging that the premises were required for the temple Pujari as well as for the visiting sadhus and mahatmas during festivities and celebrations.

(2.) THE Rent Controller dismissed the ejectment application filed by the petitioner-landlord on 10.6.1985. Aggrieved with the order passed by the Rent Controller, the petitioner-landlord challenged the order of the Rent Controller by filing an appeal. The Appellate Authority concurred with the Rent Controller while dismissing the appeal on 12.1.1987. Dissatisfied with the orders passed by the Rent Controller as well as the Appellate Authority, the Kali Bari Mandir Committee, Ferozepore Cantt., has filed the instant petition.

(3.) I have heard the learned counsel for the parties.