PHOOLAN RANI Vs. NIRANJAN SINGH BAHRA

JUDGEMENT

(1.) The tenants/judgment-debtors are impugning the order dtd. 15/10/2022 passed by the learned Rent Controller, Hoshiarpur, wherein their objections to the effect that on account of the death of landlord, his bona fide requirement of the demised premises had come to an end, were dismissed.

(2.) Learned counsel for the petitioners/judgment-debtors submits that the impugned order is contrary to the settled principles of law and thus, deserves to be set aside. He further submits that after the death of landlord-Niranjan Singh Bahra, his wife has initiated execution proceedings against the petitioners on the basis of a Will without disclosing or impleading other LRs of said Niranjan Singh Bahra. He still further submits that in the said execution application filed by the wife of late Niranjan Singh Bahra, she had not even uttered a single word about her intention to return to India and settle here. Therefore, once the original landlord had died and even his wife had not pleaded her intention to return and reside in India, the petitioners could not be evicted in furtherance of the order dtd. 21/11/2013 passed by the learned Rent Controller. He still further submits that as per Sec. 19 of the East Punjab Urban Rent Restriction Act, 1949, if the person, who gets the demised premises vacated under Sec. 13-B of the Act, does not occupy the same for a continuous period of three months from the date of such eviction or lets out whole or part of such building, he/she would be liable for punishment with imprisonment for a term which may extend to six months or with fine. However, in the instant case, the demised premises was got vacated by late Niranjan Singh Bahra and now, if his wife is given the possession, then in that eventuality, learned counsel contends that no action under Sec. 19 of the Act could be initiated against her, in case, she fails to occupy or lets out the demised premises to someone else.

(3.) I have heard learned counsel for the petitioners and perused the relevant material on record.