NARINDER PAL Vs. SUDESH KUMARI

JUDGEMENT

(1.) Challenge in this petition is to the order dtd. 24/4/2006, passed by learned Rent Controller, Garhshankar, whereby the ejectment of tenant- petitioner has been ordered under Sec. 13-B of the East Punjab Urban Rent Restriction (Amendment) Act, 2001 (hereinafter referred to as - the Act).

(2.) The brief facts of the case, which are necessary for proper adjudication of the present revision petition, are that respondent no.1 Sudesh Kumari (respondent no.1 herein) filed petition under Sec. 13-B of the Act for immediate possession by way of ejectment of the petitioner from the shop marked as ABCD, situated in Khasra No.482, as detailed in head note of the plaint.

(3.) It was submitted in the petition by Sudesh Kumari that she, along with Prem Wati, Promila Kumari and Raghubans Lal, was the co-owner/ landlady of the aforesaid shop, vide sale deed dtd. 13/12/1985 and the petitioner was tenant in the said shop @ Rs.20.00 per month for the last more than 40 years. It was further averred by landlady Sudesh Kumari that she, being NRI, returned to India on 1/12/2003. On her return, she needed the shop in question for personal use and was entitled to get its immediate possession under the relevant provisions of the Act. It was brought to the knowledge of the learned Rent Controller in the present petition that earlier also, Rent Petition No.18 of 18/9/1996 was filed by Sudesh Kumari along with other co-owners against the tenant on the other grounds, under Sec. 13 of the Act, which was dismissed on 29/4/2002 and appeal against the same was pending before learned Additional District Judge, Hoshiarpur. In that petition, it was duly held that Sudesh Kumari was one of the co-owners of the shop in dispute and the said shop was situated in Khasra No.482.