LAWS(P&H)-2002-7-54

SARDARI LAL JAIN Vs. DHANWANTI DEVI

Decided On July 29, 2002
SARDARI LAL JAIN Appellant
V/S
DHANWANTI DEVI Respondents

JUDGEMENT

(1.) THIS revision petition was filed by the legal heirs of the petitioner-tenant against the judgment passed by the learned Appellate Authority, accepting the appeal, setting aside the order of the learned Rent Controller and ordering the ejectment of the tenant from the premises in question on the ground that he had ceased to occupy the same for a continuous period of four months prior to the filing of the petition without sufficient cause.

(2.) THE facts in brief are that Smt. Dhanwanti Devi filed a petition under Section 13 of the Punjab Rent Restriction Act, 1949 (hereinafter referred to as the Act) against Sardari Lal tenant for his ejectment from the shop in question on the ground that Amar Nath Jain was the original owner of the said shop and it was rented out to Sardari Lal tenant on monthly rent of Rs. 17/- and that Amar Nath Jain sold the same to Smt. Dhanwanti Devi. It was alleged that the tenant had not paid rent since 1.6.1983 and that she had ceased to occupy the shop since January, 1979 without sufficient cause and had also materially impaired the value and utility of the said building due to its non-occupation.

(3.) AT the stage of motion hearing, the question arose as to whether Surinder Kumar was legally entitled to be brought on record as the legal representative of original tenant Sardari Lal. Hence, an issue is this regard was framed on 6.2.1996. Later on, vide order dated 29.5.1996, it was observed that the learned counsel for the parties had agreed that for the purposes of motion hearing, the present revision petition may be considered without determining as to who are the LRs of the original tenant. Subsequently, the petition was admitted and was to be set down for hearing.