SAT PAL AND ORS. Vs. TARSEM LAL

JUDGEMENT

(1.) THIS petition is against the order dated 07.04.2012, dismissing the objections filed by the petitioners under Section 47 of the Code of Civil Procedure, 1908 (here -in -after referred to as the "CPC") and order dated 08.12.2012, dismissing the application for re -calling of the order dated 07.04.2012.

(2.) IN brief, respondent Tarsem Lal filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (here -in -after referred to as the "Act") seeking ejectment of Dayal Chand (since deceased), being represented by his sons Sat Pal and Rajesh Kumar who are the petitioners herein, from the property measuring 1 kanal, comprised in khata/khatauni No. 1138/1221 and 3570/594 min, situated at Basti Sheikh, Kala Singha Road, Jalandhar City shown in the site plan attached with the eviction petition and bounded towards East -house of Mangal Singh, West -Road, North -Road and South -M/s. GNG Exporters. The respondent sought ejectment of Dayal Chand from the demised premises, inter alia, on the grounds of non -payment of arrears of rent w.e.f. 01.11.1996 @ Rs. 4,000/ - per month and personal necessity.

(3.) DAYAL Chand denied the agreement to sell between Mohan Singh and the respondent, rather averred that he had entered into an agreement to sell with Mohan Singh with regard to property under his possession of which Mohan Singh had delivered possession to him. He also specifically denied the installation of saw machine by the respondent and that he was a tenant on a monthly rent of Rs. 4,000/ -.