JASBIR SINGH Vs. GURMEJ SINGH

JUDGEMENT

(1.) The present revision petition has been filed challenging the ejectment order dtd. 3/1/2020 passed by the Rent Controller which order was affirmed by the Appellate Authority vide it's order dtd. 21/7/2022.

(2.) The brief facts relevant to the present lis are that the landlordrespondent filed an ejectment petition under Sec. 13 of East Punjab Urban Rent Restriction Act, 1949 for eviction of the tenant-petitioner on the grounds of arrears of rent and personal bona fide necessity. The tenantpetitioner appeared and filed his written statement taking various pleas regarding non-maintainability of the ejectment petition and concealment of material facts. On merits, it was stated that the tenant-petitioner was not in arrears of rent as alleged. It was further denied that the building was required by the landlord-respondent for his bona fide necessity. The provisional rent was assessed by the Rent Controller on 18/11/2019 and the case was fixed for 3/1/2020 for tendering of the rent provisionally assessed by the Rent Controller. The said order was challenged in the CR No.8335 of 2019. Before the matter was fixed before this Court for hearing, on 3/1/2020 the order of ejectment was passed by the Rent Controller since the tenantpetitioner failed to deposit the provisional rent as assessed. It is to be noted that the order was passed in the presence of counsel for the tenant-petitioner. CR No.8335 of 2019 came up for hearing on 6/1/2020 wherein the following order was passed :

(3.) Thereafter, the tenant-petitioner challenged the order dtd. 3/1/2020 before the Appellate Court by filing an appeal on 28/1/2020, which appeal has also been dismissed vide order dtd. 21/7/2022. Hence, the present revision petition.