JAGDEV SINGH Vs. JARNAIL SINGH GREWAL

JUDGEMENT

(1.) This is tenant's revision petition challenging the order dated 9.2.2011 of the Rent Controller, Ludhiana whereby in a petition filed under Section 13-B of the East Punjab Rent Restriction Act, 1949 (in short "the Rent Act"), his prayer for leave to defend has been declined and he has been ordered to be evicted from the demised premises.

(2.) The respondent-landlord filed the ejectment petition claiming himself to be NRI and owner of the property No.3723, Model Town Road, Near Bharat Nagar, Ludhiana and further submitting that the petitioner is tenant under him in one shop out of the said property on a monthly rent of Rs.200/- besides house tax and other charges and he had permanently settled at abroad and has returned to India and wants to settle in Ludhiana. The petitioner is liable to be ejected from the shop in dispute and he requires the property in question for his personal use and occupation.

(3.) In the petition, the respondent further mentioned that there were three shops in property No.3723, Model Town Road, Near Bharat Nagar, Ludhiana. Two of the shops were on rent with another tenant, namely, Dalbir Singh son of Baldev Singh and the third shop was under tenancy with the petitioner. It was also averred that the respondentlandlord does not possess any other non-residential building except the property bearing Khata No.123/135, Khasra No.159/678, measuring 0B- 2B-8B as entered in the jamabandi for the year 1988-89 situated at village Taraf Burara, H.B. 168, Tehsil and Distt. Ludhiana bearing Wasika No.9957 in the year 1990 at the backside of the property No.3723, Model Town Road, Near Bharat Nagar, Ludhiana lying mortgaged in favour of Ashok Kumar son of Krishan Lal Juneja son of Diwan Chand, resident of 3722, Model Towan Road, Ludhiana and he has not vacated the same or any other such property within limits of Municipal Council, Ludhiana without any sufficient cause after the commencement of the Rent Act.