MUKESH KUMAR Vs. SANTOSH KUMARI

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order of ejectment passed by the learned Rent Controller on 25.10.2005 whereby the petitioner (hereinafter to be referred as 'the tenant') was ordered to be evicted from a portion of House No. NB-248, Laxmipura, Jalandhar City.

(2.) THAT respondents herein (hereinafter to be referred as 'the landlords') being Non-Resident Indians have sought ejectment of the petitioner in summary manner under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as 'the Act') on the ground that earlier the property was owned by Shri Hans Raj who has purchased the same on 4.3.1963. Hans Raj died on 23.2.1981 and thereafter the landlords inherited the premises in dispute. The landlords are Non Resident Indians and settled in England and that portion in possession of the tenant and the adjoining portion in possession of another tenant is required for their residence.

(3.) AFTER considering the evidence led by the parties, the learned Rent controller returned a finding that the landlords are the owners of the property in question and there exists relationship of landlord and tenant between the parties. The stand of the landlords that respondent No. 1 herein has already returned to India and residing with some relatives was accepted. The learned Rent Controller negated the plea raised by the tenant that only one tenant can be ordered to be evicted in terms of Section 13-B of the Act as the building as defined in Section 2(a) of the Act means any building or parts of the building let for any purpose and, therefore, a landlord can recover possession of the entire building if the landlord requires the entire building. The tenant cannot ask the landlord to get possession of one portion and to share the entire building with them and to jointly reside with the other tenants in the said building.