GURDEV SINGH Vs. GURJIT SINGH

JUDGEMENT

(1.) GURJIT Singh, respondent on purchase of property bearing No.B -XXVI -482 and plot No.182 vide sale deeds dated 27.12.1999, 28.12.1999 and 03.01.2000 executed by attorney of revision petitioner, filed ejectment petition under Section 13 of East Punjab Urban Rent Restriction Act, 1949 (for short the Rent Act) seeking ejectment of revision petitioner from the demised premises on the ground of nonpayment of arrears of rent w.e.f. September, 2000 @ Rs. 3,600 per month and subletting.

(2.) THE revision petitioner contested the plea taken by the respondent -landlord and denied the relationship of landlord and tenant between the parties. He alleged fraud with regard to the sale deeds dated 27.12.1999, 28.12.1999 and 03.01.2000 executed by Ajit Singh as general power of attorney of revision petitioner. It was pleaded that the revision petitioner had obtained a loan of Rs. 1,50,000 from Ajit Singh in January, 1998 and agreed to pay interest of Rs. 3,000 per month on the said amount. His signatures were obtained on blank papers including the stamp papers, cheques by said Ajit Singh, who also took his six photographs as security document for repayment of the loan. It was on the filing of the petition, the revision petitioner came to know about the sale deeds.

(3.) ON the admission of respondent that power of attorney Ex.PW2/A bears his signatures at mark -A to mark -F, learned Rent Controller observed that this power of attorney was duly registered and is a valid document. In the sale deeds Ex.P2 to P4, there is clear stipulation that possession of the respondent over demised premises shall continue as a tenant for a period of six months at the rate of Rs. 3,600 per month. It was also observed that the revision petitioner had failed to prove any fraud in the execution of the sale deeds. The ejectment of revision petitioner was ordered on the ground of non -payment of rent. Not satisfied, the revision petitioner filed appeal before Appellate Authority, Ludhiana, which was dismissed vide judgment dated 25.09.2014.