TIRATH RAM AND ORS. Vs. BALWANT SINGH

JUDGEMENT

(1.) Instant revision is filed in terms of Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short to be referred as 'the Act'). Tirath Ram and Darshan Pal, petitioners No. 1 and 2 the real brothers and predecessors of the petitioners No. 3 to 7 filed a petition for ejectment of the respondent, who is a tenant in the shop in question with effect from 29.10.1983 on a monthly rent of Rs. 290/-. The eviction was sought on the grounds inter alia:-

(2.) Parties produced their respective evidence. The Rent Controller initially dismissed the application for eviction but in appeal order of the Rent Controller was set aside and order of eviction was passed. That order was challenged in CR No. 2177 of 1999, before this Court and it was pointed out that Durga Dass grandfather of petitioners No. 3, 6 and 7 and Darshan Lal father of petitioners No. 6 and 7 had died during pendency of the revision. This Court observed that the subsequent events have necessarily required to be taken note of and also the fact now some more property/shops have become available. In view of the above, the learned counsel stated that he would like to amend the eviction application and bring subsequent events to the notice of the Court. For this reason, the revision petition was allowed and the order of the appellate authority was set aside and the matter was remitted to the Rent Controller for fresh decision, permitting the petitioners to submit application for amendment. It is admitted that even Tirath Ram, the other original petitioner has since died.

(3.) In the amended petition, the ground of bonafide need and occupation of the petitioners is that the petitioners require the premises to earn their livelihood by occupying the same and settling themselves in one shop each because they have since inherited two shops from their fathers and one shop from their grandfather Sh. Durga Dass. The respondent in the written statement to the amended petition pleaded that the petitioners are occupying two shops in the same locality besides the disputed shop. It was also stated in the amended written statement dated 05.01.2011 that Rajesh son of Darshan Pal petitioner No. 5 has secured permanent Government employment in the Education Department.