SATNAM SHARMA Vs. NIRMAL KASHYAP @ NIRMAL DOGRA

JUDGEMENT

(1.) RESPONDENT No. 1 filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short "the Act") for evicting the petitioner as well as respondent No. 2 from the demised premises i.e. House No. 5419/1, Modern Housing Complex, Mani Majra, U.T. Chandigarh on the ground of non -payment of rent w.e.f. 1st June, 2000 at a monthly rent of Rs. 6,000/ - excluding water and electricity charges. The ejectment petition was contested by the petitioner submitting that tenancy has come to an end on execution of agreement to sell dated 9.9.1992 between the petitioner as well as respondent No. 1 and as such the tenancy cannot be terminated. On merits, it was denied that petitioner was inducted as a tenant in the demised premises w.e.f. 1.4.2000 at a monthly rent of Rs. 6,000/ - per month. It was averred that respondent No. 2 was the tenant in the demised premises at a monthly rent of Rs. 2,000/ - which has already been paid till the date of execution of agreement to sell.

(2.) IT is a matter of record that petitioner filed a suit for specific performance of an agreement alleged to be executed by the respondent -landlord in her favour on 9.9.1992. In the said suit petitioner averred that she was a tenant in the demised premises at a monthly rent of Rs. 2,000/ -. It is a further matter of record that petitioner paid rent @ Rs. 2,000/ - per month for the period w.e.f. 1.10.2002 to September, 2006 only in pursuance of an application filed under Order 15 Rule 5 CPC in an earlier civil suit filed for eviction and recovery of rent.

(3.) THE aforesaid rent was tendered by the petitioner on 8.1.2008 and the following order was passed on that date: - -