ROSHAN LAL Vs. VED PARKASH

JUDGEMENT

(1.) THIS is revision directed against the ejectment order dated 18.10.2000 passed by Rent Controller, Bathinda, which was confirmed in appeal by Appellate Authority, Bathinda vide order dated 13.5.2002.

(2.) VED Parkash filed ejectment application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for the ejectment of Roshan Lal from shop No. 90, situated at Gandhi Market, Bathinda as shown in the site plan (Ex.A-9) attached to the application. It was alleged that this shop had been taken on rent by Roshan Lal from his father Gobind Ram at rental of Rs. 400/- per month excluding all other taxes on 9.9.1986. In a family settlement this shop fell to his share. Memorandum of partition was drawn up on 6.8.1997. Roshan Lal thus became tenant by operation of law. He sought to eject him on the ground that he is in arrears of rent since 1.9.1994 at rental of Rs. 400/- per month, excluding house tax. He is liable to pay him house tax since 1991-92 which he has paid to the Municipal Committee. He has not vacated any such premises within Urban Area of Bathinda without sufficient cause after the commencement of the aforesaid Act. He has also not disclosed of any such building. He has no other shop to look to for running business than this shop.

(3.) ON the pleadings of the parties, following issues were framed by the learned Rent Controller :