BRIJ LAL Vs. HARNAM SINGH

JUDGEMENT

(1.) THE tenant, Brij Lal (since dead-now represented by his legal representatives) has approached this Court through the present revision petition. The grievance made is against the order dated November 20, 1987 passed by the learned Appellate Authority, Faridkot, whereby the tenant was ordered to be evicted from the tenanted shops.

(2.) THE landlords, Harnam Singh (also since dead-now represented by his legal representatives) and others filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) seeking ejectment of the tenant, Brij Lal, from the two shops, which were stated to have been given on rent to him ten years prior to the filing of the ejectment petition. The ejectment was sought on the ground of non-payment of rent; the tenant having committed such acts, which had materially impaired the value and utility of the shops; the tenant having ceased to occupy the shops for a period of more than four months from January 2, 1983 to August 2, 1983 and even till the date of filing of the petition without any reasonable cause.

(3.) THE tenant put in appearance before the learned Rent Controller and filed a reply to the ejectment petition. All the grounds of ejectment were contested. The tenant claimed that in fact, the two tenanted shops were given on rent at the rate of Rs. 30/- per month each and therefore, the two shops together were on total rent of Rs. 60/- per month. It was further claimed that in fact, the shops had been taken about 14 years prior to the filing of the ejectment petition. Although the rate of rent was disputed, but in order to avoid the eviction, the arrears of rent were tendered on the first date of hearing as claimed by the landlords. The tenant further denied that he had committed any such acts, which had impaired the value and utility of the shops in dispute. He maintained that in fact, the shops were rented out for installation of a Soda water machine and that the door intervening the shops was in existence from the inception ever had remained closed.