MOHINDER SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 5.10.2000 passed by the Appellate Authority, Hoshiarpur vide which the order of ejectment passed by the learned Rent Controller, Hoshiarpur, was set aside and the petition filed by the landlord-petitioner was dismissed. The petitioner-landlord filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Act') for eviction of the tenant on the plea that Didar Singh son of Mohinder Singh had taken the shop in question on rent in pursuance of the rent-deed dated 20.11.1995 at a monthly of Rs. 150/-. It was averred that Didar Singh died on 7.3.1995 and thereafter the respondents i.e. widow and sons of late Didar Singh came in possession of the demised shop being his legal representatives. It was further averred in the rent petition that Didar Singh had been running the business of spare parts in the shop in dispute upto December, 1994. After his death none of the respondents ever opened the shop for running any business and it remained closed since 1994. It was further claimed that the rent for the month of December, 1994 was not paid by late Shri Didar Singh and after his death none of the respondents ever made the payment of rent in spite of demand. It was also claimed that the petitioner was an old man and only bread winner in the family and he is not doing anything at present due to skin alergy. The eviction of the respondents was sought on the following grounds :-

(2.) THE petitioner also pleaded that he has not vacated any such premises within the urban area of Hoshiarpur after the commencement of the Act nor he is in possession of any such premises within the local limits of Municipal area of Hoshiarpur.

(3.) ON the pleadings of the parties, following issues were framed :-