PAWAN KUMAR Vs. BEANT KAUR AND ORS.

JUDGEMENT

(1.) Smt. Beant Kaur, respondent No.1 herein, landlady and owner of the premises in dispute, had rented out the same to Pawan Kumar, petitioner herein (since deceased and now represented through his LRs) for running a general merchandise (Maniyari) shop w.e.f. 3.6.1987 @ Rs.500/- per month. Pawan Kumar continued paying rent upto May, 1992. Thereafter, Shiv Kumar, respondent No.2 herein, allegedly entered into possession of the shop without consent of the landlady and started running a tent-house as a sub-tenant of tenant Pawan Kumar.

(2.) Eviction of tenant Pawan Kumar and sub-tenant Shiv Kumar under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) was sought by the landlady on the grounds of personal bonafide necessity, material impairment in value and utility of the premises by illegal acts of the respondents, non-payment of rent w.e.f. 1.6.1992 to 31.1.1996, change in user of the shop from Maniyari to a tent-house and of subletting from tenant Pawan Kumar to sub-tenant Shiv Kumar.

(3.) Though both the respondents had made appearance before the Rent Controller but during the course of proceedings, respondent No.2 Shiv Kumar i.e. sub-tenant was proceeded against ex-parte and only respondent No.1 Pawan Kumar i.e. the tenant had filed his reply wherein he contested the claim of the landlady tooth and nail making complete denial of the allegations made by the landlady against him. Denying all the allegations, it was claimed that the rent stood paid from 1.6.1992 to 31.1.1996 though no receipt was issued by the landlady. The rent, however, as ordered by the Rent Controller, was tendered upto 30.9.1996 wherein right to recover rent already paid was reserved by the tenant. The allegations of subletting, running of tent business, impairment in value and utility of the premises etc. were denied.