GOPAL SEXENA Vs. GURNAM SINGH

JUDGEMENT

(1.) THIS petition is directed against the judgment dated 25.7.1988 passed by the Appellate Authority, Patiala, whereby the ejectment of the tenant-petitioners from the demised premises has been ordered on the ground of non-payment of the arrears of rent by reversing the judgment dated 24.3.1987 passed by the Rent Controller, Rajpura.

(2.) IN brief, the facts of the case are that the landlord-respondents purchased House No. 537, Ward No. 4, Dera Bassi of which the demised premises are a part, from one Smt. Pritam Kaur whose husband Harcharan Singh (R.W.4) had let out the demised premises to the tenant-petitioners. On purchasing the said house, the present landlord-respondents filed a petition for ejectment of the tenants (petitioners herein) on various grounds by filing an application before the Rent Controller, Rajpura, under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short "the Act"). The tenants contested the claim made by the landlords. On the pleadings of the parties, the Rent Controller, Rajpura, framed the following issues :-

(3.) DURING the pendency of the revision petition, the landlord-respondents filed C.M. No. 7372-CII of 1999 to place on record the photographs of the house in dispute (Annexures P-1 to P-4) in order to show that the building in dispute has crumbled down and it has been averred therein that the tenants are not handing over the vacant possession thereof to the landlords and are demanding "Pagri" for doing so. Notice of the application was given to the petitioners vide order dated 27.5.1999 and no written statement to challenge the averments made in the application has been filed by the tenants. I allow the C.M. and the photographs (Annexure P-1 to P-4) are taken on record.