PARSHOTAM KISHAN Vs. JAGDAMBA TEA FACTORY

JUDGEMENT

(1.) PETITIONER -landlord filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the 'Act') for the ejectment of Nand Kishore, the proprietor of the firm Jagdamba Tea Factory, from a portion of the building situated in Khasra No. 2418, outside Ghee Mandi Gate, Bagh Raja Ralia Ram, Amritsar.

(2.) THE eviction was sought on the ground of non-payment of rent since 1.1.1974 and also on the ground that unauthorised additions and alterations had been made in the premises in dispute which had damaged the property and had materially diminished its value. It was alleged that Hari Chand and Maharaj Chand were the original owners of the property in dispute which at the relevant time was a vacant piece of land in rectangular shape measuring 80 x 25 yards, described by old Khasra No. 2418 outside Ghee Mandi Amritsar. They had leased out the said property to Seth Radha Kishan father of the petitioner Parshotam Kishan on 6.8.1935 for 50 years at an annual rent of Rs. 320/-. As per the lease agreement, Exhibit A-1, lessee had been given the right to raise construction on the said plot and also to sublet it. Seth Radha Kishan had raised constructions on the said land. One shed along with office room was sublet by him to Jagdamba Tea Factory through Nand Kishore, his nephew (brother's son) on rent of Rs. 200/- per month. The tenancy was claimed to be oral accompanied by delivery of possession. Seth Radha Kishan died on 12.4.1972 and after his death, his only son and legal heir Parshotam Lal, the petitioner, filed the present eviction petition.

(3.) ON the basis of the pleadings of the parties, the Rent Controller framed the following issues :-