SUNITA MADHOK ALIAS SUMITI Vs. J.D. MATHUR

JUDGEMENT

(1.) THIS revision petition is against the order of the Rent Controller dated 4.1.1994 whereby the petition filed by the petitioner- landlady under section 13-A of the Punjab Urban Rent Restriction Act, 1949, (for short 'the Act') as incorporated in the Main Act vide Punjab Act No. 2 of 1985 has been dismissed.

(2.) THE petitioner sought eviction of the respondent from the property in dispute claiming herself to be a specified landlady in terms of Section 2(hh) of the Act. According to the petitioner, she retired from the government service on 31.10.1989 and was re-employed for one year and so finally retired on 31.10.1990. The present petition was filed within one year of the final retirement on 30.8.1991.

(3.) IN support of her case, the petitioner-landlady proved on record her date of final retirement as well as proof with regard to division of property on the basis of civil Court decree. The Rent Controller, however, declined to place any reliance upon the Civil Court decree treating it to be a collusive between the petitioner and other heirs of erstwhile owner. Accordingly, the petition was dismissed.