MADHU BALA Vs. VISHAL

JUDGEMENT

(1.) The petitioner is the landlord who has sought eviction of the respondent-tenant under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short "the Act"] from shop No.2, which is a portion of house No.45-A/2, Preet Nagar, Ladowali Road, Jalandhar on the ground of non-payment of rent @ Rs. 1,575/- per month upto 31.03.2004.

(2.) The case set up by the tenant is that there is no relationship of landlord and tenant between the parties because the demised premises was let out to him by Raj Kumar Prashar (husband of the petitioner) in the month of July/August, 2000 @ Rs. 1,500/- per month with an agreement to increase the rent @ Rs. 75/- per month after every two years starting w.e.f. August, 2002. It was alleged that he had been paying rent to Raj Kumar Prashar during his life time against receipt and after his death, to his son Sanjiv Kumar who has shown him a registered Will dated 20.12.2000 executed by Raj Kumar Prashar in his favour. It was also alleged that the rent was recovered @ Rs. 1,575/- per month upto April 2002 and then @ Rs. 1,650/- per month up to April 2004. It was further alleged that since the entire rent already stood paid, therefore, the ground set up for eviction is not made out. It was also alleged that even another tenant, namely, Dr. Mandip Chattwal was also paying rent to Sanjiv Kumar after the death of Raj Kumar Prashar.

(3.) In replication, the petitioner had alleged that she is a co-sharer in the house/shop in dispute to the extent of 1/4 th share and after the death of Raj Kumar Prashar, she and her daughter became owners to the extent of 3/5 th share. It was also alleged that during the life time of Raj Kumar Prashar, the tenant used to make the payment of rent to the petitioner at the rate stated above. She denied the alleged Will dated 20.12.2000 which is purported to have been executed by Raj Kumar Prashar in favour of his sons, namely, Sanjiv Kumar and Charanjit Kumar.