YASHPAL Vs. BABA KASHMIR GIR

JUDGEMENT

(1.) THIS order shall dispose of the above-referred revision petitions, since both of them have been preferred against a common judgment passed by the appellate authority below.

(2.) IT emerges out from record that respondent-landlord Baba Kashmir Gir filed an ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act (for brevity, the Act) against the petitioners Yashpal and Bhagwan Dass. It was his case that the shop in dispute was rented out to respondent Bhagwan Dass by virtue of rent note dated 28.2.1963 at the annual rent of Rs. 900/-, which was to increase @ Rs. 6000/- per annum after 3 years. According to the landlord said Bhagwan Dass, sub-let the shop to his own brother i.e. petitioner Yashpal and thereby contravened the stipulation as contained in the said rent note of not passing the tenancy right in favour of third party, without the written consent, Besides, the grounds of personal necessity and that the shop being unfit for human habitation were also taken.

(3.) IT is apposite to mention here that the petitioner Yashpal alone filed an application under Section 12 of the Act and thereby sought the permission to get the shop in dispute repaired, alleging therein that the landlord has intentionally damaged a wall of the shop, as a result of which cracks have developed on the wall situate on the western side of the shop.