YASH PAL Vs. VIJAY KUMAR

JUDGEMENT

(1.) Prayer in this application is for exemption from filing true typed copy of order dated 07.03.2014 and judgment dated 04.03.2016 and the grounds of appeal dated 01.04.2014. Application is allowed. Exemption from filing true typed copy of aforesaid documents is granted subject to just exceptions. CR No.4804 of 2016 Challenge in this revision petition is to the order dated 07.03.2014 passed by the Rent Controller, Pathankot, whereby petition under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949, for eviction of the shop in question, has been allowed on the grounds of personal necessity, although the plea of non-payment of rent was also taken and since the petitioner had deposited the rent, the said plea did not sustain. Appeal against the said order was dismissed by the Appellate Authority, Pathankot, by order dated 04.03.2016 resulting in filing the present revision petition.

(2.) It is the contention of learned counsel for the petitioner that respondent-Vijay Kumar is not landlord of the petitioner, in fact, the landlord is Karam Chand, who is the real brother of Vijay Kumar and since Karam Chand has not preferred any eviction petition, the present petition is not maintainable. That apart, he asserts that it has come on record and in evidence that Karam Chand is the owner of adjacent shop and, therefore, for obvious reasons, he could not have filed a petition for eviction of the shop in question on the ground of personal necessity and, therefore, a novel method has been resorted to by the respondent by projecting an oral family partition, according to which Vijay Kumar has now been projected as owner of the shop and, therefore, the landlord. Counsel, thus, contends that the present petition has been filed without bona fide and, therefore, the order of ejectment as passed by the authorities below cannot sustain and deserve to be set aside.

(3.) I have considered the submissions made by learned counsel for the petitioner and with his able assistance, have gone through the impugned orders.