RANJIT SINGH AND ORS. Vs. SURESH KUMAR

JUDGEMENT

(1.) This revision petition has been instituted at the instance of petitioners herein (tenants) against the order dated 8.8.2014 passed by the Rent Controller, Amloh vide which petition under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') for the the ejectment of the tenants from the demised house was accepted and the judgment dated 16.12.2014 passed by the learned Appellate Authority, Fatehgarh Sahib vide which the appeal of the tenants preferred against the above said order dated 8.8.2014 passed by the learned Rent Controller was dismissed.

(2.) The case of the respondent herein who was the landlord before the learned Rent Controller in nutshell was that the demised house as detailed in the head -note of the petition was earlier owned by Sher Jang Singh and his wife. Sher Jang Singh expired on 3.2.1992 leaving behind his son Sukhpreet Singh and daughter Ravinder Kaur as his LRs. His wife pre deceased him in the year 1991. Mutation of the properties left by the said Sher Jang Singh and his wife was sanctioned in the name of said Sukhpreet Singh and Ravinder Kaur being their only children/LRs. They further sold the demised house to the respondent herein (landlord) vide two registered sale deeds No. 2777 dated 26.11.2008 and 3487 dated 4.2.2009. After the death of their parents, said Sukhpreet Singh and Ravinder Kaur started residing with their maternal grandmother. The demised house was let out to respondent @ Rs. 1,000/ - per month. Since the petitioner stepped into the shoes of previous owners namely Sukhpreet Singh and Ravinder Kaur, so he became the landlord of the demised house. There exists relationship of landlord and tenant between the parties. The eviction of the tenants from the demised house was sought on the grounds of non -payment of rent w.e.f. February 1993; that the respondent herein (landlord) requires the demised house for his personal necessity and that petitioners herein (tenants) have made alteration in the rented premises without the knowledge and consent of respondent herein (landlord) which has diminished its value and utility. It was also the case of the respondent herein that he was residing in some rented accommodation consisting of one room, kitchen, bathroom in House No. 216, Sector 4, Ward No. 3, Guru Nanak Colony, Gali No. 2, Mandi Gobindgarh and paying Rs. 2,000/ - per month as rent. His landlord had been asking him to vacate the said rental premises. The family of the petitioner is consisting of his wife and two school going children studying in Ist Class and 4th Class. The demised house is the only residential property owned by the respondent herein which can fulfill his need of personal use and necessity. Hence, the instant petition.

(3.) On notice petitioner herein (tenant) filed a reply admitting Sher Jang Singh and his wife to be the owners of the demised house. The rate of rent was stated to be Rs. 500/ - per month which he had paid to Gurcharan Singh and after his death, his wife Bhinder Kaur had received the same from him up to March, 2006, but without issuing any receipt regarding receiving of rent. Then it was also admitted that demised house has been purchased by the respondent herein (landlord) vide two sale deeds as alleged in the petition. It was further his stand that the landlord has no right to claim the rent before 26.11.2008 since he was not the owner of the demised house prior to this date. It was denied that the demised house is required by the respondent herein (landlord) for his personal use and occupation. Rest of the averments were also denied by the tenant. It is pertinent to mention here that during the pendency of the petition before the learned Rent Controller, the original tenant Ranjit Singh expired and his LRs were made as a party vide order dated 1.9.2011.