JASPAL SINGH Vs. GURBAX SINGH

JUDGEMENT

(1.) THIS is a rent revision filed by the tenant and it has been directed against the order dated 28.5.1998 passed by the learned Rent Controller, Patiala, who allowed the petition under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 (in short the Act), of Gurbax Singh, who claimed himself to be a specified landlord and the order of ejectment was passed against the tenant who was directed to deliver the vacant possession of the house in dispute to the landlord within three months from the date of the passing of the order.

(2.) THE landlord filed the present revision in the year 1998 against the impugned order of the Rent Controller and it came up for hearing before me on 30.10.2001. It was disposed of with a short order by making a mention that after hearing the learned counsel for the parties, this Court does not find any merit in this revision. Six-month time was granted to the tenant to vacate the demised premises. The tenant was not satisfied with the order of the High Court and he went in appeal before the Hon'ble Supreme Court and their Lordships of the Supreme Court vide order dated 23.9.2002 were pleased to set aside the order of the High Court and passed the following order :-

(3.) PETITIONER Gurbax Singh sought an ejectment order against Sant Singh, Jaspal Singh and Smt. Narinder Kaur from the residential house bearing Municipal No. 3038/1, situated in Anardana Chowk, Patiala on the plea that Smt. Joginder Kaur wife of respondent No. 1, mother of respondent No. 2 and mother-in-law of respondent No. 3 took on rent the demised premises from the mother of the petitioner Smt. Saraswati Devi on a monthly rental of Rs. 20/- on 17.6.1971. The rent deed to this effect was also executed by Smt. Joginder Kaur in favour of Smt. Saraswati Devi on the same date. Said Saraswati Devi expired on 27.6.1976 and the property has been succeeded by the petitioner. Smt Joginder Kaur also expired leaving behind Sant Singh, her husband, respondent No. 1 Jaspal Singh, son, respondent No. 2 and Manmohan Singh, her second son. Manmohan Singh also expired before filing the present rent petition and he has left behind Smt. Narinder Kaur respondent No. 3 as his widow. Now all the three respondents are in occupation of the house in question. They are in arrears of rent since 1.1.1993, but the petitioner is not claiming the same in the present petition and has reserved his right to claim the arrears separately in accordance with law.