SUDARSHAN MAHAJAN Vs. SAHIBPREET SINGH

JUDGEMENT

(1.) This is petitioner/tenant's revision petition under Sec. 15 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Rent Act') for setting aside the order of eviction passed by Rent Controller dtd. 16/2/2019 as well as the order of the Appellate Authority dismissing the tenant's appeal vide order dtd. 21/12/2021.

(2.) The respondent No.1/landlord filed ejectment petition with respect to the premises in question, i.e., shop on ground floor of property No.80, 486/1-6 Katra Jaimal Singh Amritsar, as detailed in the petition. The shop was let out to the tenants by the erstwhile landladies Munisha wife of Anil Kumar Khurana and Kamal wife of Kishore Chand Khurana at the rate of Rs.500.00 per month. The tenancy was oral, accompanied by delivery of possession. To reduce the terms thereof in writing, a rent note dtd. 10/3/2000 was executed by the tenant in favour of the landladies. The date of commencement of tenancy was 1/3/2000 for a period of eleven months. Later on, one of the landladies, Kamal wife of Kishore Chand Khurana, expired and her share in the property devolved upon her grandson Kavish Khurana son of Anil Khurana, based upon her Will. Munisha and Kavish, landlords transferred their right, title and interest in the suit property in favour of the present landlord/respondent No.1 on 28/3/2007 vide registered sale deed. Accordingly, he became owner/landlord of the property with effect from that date. To facilitate recovery of rent of the demised premises, respondent No.1 authorized Munisha Khurana and Kavish Khurana to recover rent of the property, and the same was being recovered by them up to 31/3/2010. The ejectment was sought on account of nonpayment of rent and bona fide need of the landlord.

(3.) The Rent Controller, upon consideration of the evidence produced on record, ordered ejectment of the tenant from the demised property. The appeal filed against the ejectment order was dismissed by the Appellate Authority.