NARINDER PAL Vs. PROMILA KUMARI

JUDGEMENT

(1.) Challenge in this petition is to the order dtd. 22/3/2006, passed by learned Appellate Authority, Hoshiarpur, whereby the judgment dtd. 29/4/2002, passed by learned Rent Controller, Garhshankar, dismissing ejectment petition filed by the respondents/landlords, was set aside and ejectment order was passed against the petitioner.

(2.) Briefly, case of the landlords (respondents herein) is that the shop in question was on rent with the tenant (petitioner herein) @ Rs.20.00 per month for the last more than 50 years. Respondents Subhash Kumari and Promila Kumari purchased the said shop along with superstructure from Balbir Sen - the original co-sharer, vide sale deed dtd. 13/12/1985 and they had become owners to the extent of 1/2 share. Similarly, Vishwa Bandhu - original co-sharer sold his entire share along with superstructure and appurtenant rights in favour of respondents Raghubans Lal and Premwati and they also became owners in the said property to the extent of 1/2 share.

(3.) The ejectment of tenant (petitioner herein) was sought on the ground of non-payment of arrears of rent; premises in question was in dilapidated condition and was unsafe and unfit for human habitation; the tenant had made unauthorized addition/alteration in the shop in dispute without consent of the landlords and thereby materially impaired the value and utility of demises premises and tenant is a source of nuisance.