HUKMA DEVI Vs. BHAGWAN DASS

JUDGEMENT

(1.) THIS is a tenant-petition filed under Sub-section (5) of Section 15 of the East Punjab Urban Rent Restriction Act, 1949 (for brevity 'the Act'), challenging judgment dated 7.6.2001 passed by the learned Appellate Authority, Sangrur, affirming the findings of facts recorded by the Rent Controller, Sangrur. The Rent Controller concluded that there is a relationship of landlord and tenant between the parties and the tenant- petitioner did not pay arrears of rent with effect from 1.4.1993, therefore, he ordered the ejectment of the tenant-petitioner or any other person working in the shop on his behalf.

(2.) BRIEF facts of the case, which are necessary to decide the controversy raised are that the landlord-respondent filed an ejectment petition under Section 13 of the Act, alleging that Sukhdev Chand, deceased (now represented by his legal representatives for brevity to be referred as tenant-petitioner) had taken the shop on rent from him @ Rs. 90/- per year as per the rent note executed between the parties on 8.8.1968. Rent was paid till March 1993 and thereafter the tenant-petitioner stopped making the payment of rent. Arrears of rent was claimed with effect from 1.4.1993.

(3.) THE landlord-respondent in his replication denied the fact that tenant- petitioner ever delivered the possession of the demised shop to him in the year 1971 and that the shop has been further rented to Kesho Ram. The landlord-respondent further asserted that the rent was being paid by the tenant-petitioner against receipt in his Bahi and no rent has ever been paid by Kesho Ram. On the basis of the pleadings of the parties, the following issues were framed :-