GANESH KUMAR AND ORS. Vs. SMT. SURINDER KAUR

JUDGEMENT

(1.) TENANTS are in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short "the Act") assailing the judgment and order of reversal dated 11.10.2002 passed by the learned Appellate Authority, Ferozepur whereby the eviction of the tenants has been ordered on the ground of non -payment of arrears of rent w.e.f. December 1988 while accepting the appeal of the landlord against the order dated 22.9.2000 passed by the learned Rent Controller, Ferozepur dismissing the ejectment petition. In brief, the facts are that the respondent -landlady filed an ejectment petition on 27.11.1998 under Section 13 of the Act seeking eviction of respondent No. 1 -Ganesh Kumar from the demised premises comprising a portion of Kothi No. 58 (P), Arsonal Road, Ferozepur Cantt on the grounds of non -clearance of rent at the rate of Rs. 200/ - per month since December 1988 as also subletting the premises to respondent Nos. 2 & 4.

(2.) TENANTS filed a joint written statement contesting the petition and asserted that there was no subletting as respondent Nos. 2 to 4 were the brothers and sisters of respondent No. 1. It was also asserted that the rent for the claimed period stood paid, however, no receipts had been issued. The relationship of landlord and tenant was not denied.

(3.) UPON notice, respondent -landlady could not be served through ordinary process and was permitted to be served through substituted service by publication. In view of due publication, vide order dated 5.8.2013, the service upon the respondent -landlady was deemed to be complete but none has caused appearance on her behalf.