SHAMSHER SINGH Vs. SAMPURAN SINGH

JUDGEMENT

(1.) LANDLORD-PETITIONER (hereinafter referred to as the landlord) filed an application for ejectment against the respondent-tenant (hereinafter referred to as the tenant) from an industrial plot. This application was allowed by the Rent Controller on 14-11-1987. Tenant preferred an appeal before the Appellate Authority on 30-11-1987.

(2.) DURING the pendency of the appeal before the Appellate Authority on 6-12-1991 for one reason or the other, the plot was resumed by the Department of Industries. On an application filed by the landlord operation of the order dated 6-12-1991 resuming the plot was stayed by the Department of Industries on 18-5-1992 Tenant filed an application before the Appellate Authority that his appeal be accepted and the application for ejectment filed by the landlord be dismissed because the petitioner ceased to be the landlord as the plot had been resumed by the Department of Industries. This appeal was accepted by the Appellate Authority solely on the ground that the petitioner ceased to be the landlord and, therefore, the application filed by him was not maintainable. It was however, made clear that as and when the landlord becomes the owner with regard to the demised premises, he would seek ejectment of his tenant Landlord being aggrieved filed the present revision petition which was admitted to hearing. On notice of motion having been issued the tenant refused to accept the service and did not put in appearance.

(3.) LEARNED counsel for the petitioner produced an order dated 20-1-1993 passed by the Director industries, Punjab restoring the plot to the landlord after cancelling the order of resumption passed on 6-12-1991.