AMARJIT SINGH Vs. JARNAIL SINGH

JUDGEMENT

(1.) The present petitioner challenges the order of the Rent Controller, Shaheed Bhagat Singh Nagar dated 07.09.2016 (Annexure P-3) whereby, ejectment has been ordered under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (in short 'the Act') from the shop in question in revisional proceedings.

(2.) The petition was filed by the respondent on 14.09.2006 on the ground that the present tenant was in possession of a shop marked as 'ABCD' which is part of the main market namely Pabla Market situated at Mukandpur Road, Banga. It is the case of the NRI respondent-landlord that he was residing in England for the last more than 40 years and he wanted to shift to India along with wife and to start a departmental store by constructing a showroom in the said market by including other shops also. He had filed similar ejectment petitions against other tenants and accordingly he placed on record the sale deed dated 20.01.1988. Leave to contest was granted on 11.04.2012 by the Rent Controller on the ground that triable issues arose. At an earlier point of time, eviction had been ordered on 05.10.2012 without examining the landlord. Resultantly, in C.R. No. 496 of 2013, the said order was set aside and the case was remitted back to the Rent Controller to give an opportunity to the landlord to appear as his own witness. Resultantly, the respondent appeared and proved the site plan and attested copy of his passport Ex.P2 along with identity card issued by NRI Sabha, Punjab Ex.P3 and certified copy of sale deed Ex.P4 and copy of Jamabandi Ex.P5.

(3.) Examining the passport, the Rent Controller came to the conclusion that the status of the landlord is an overseas citizen of India and the passport has been issued by United Kingdom of Great Britain and Northern Ireland and he was coming to India on a visitor visa. Keeping in view the statement made by the respondent and the admissions of the present petitioner, it was noticed that other 9 shops were lying vacant in the said premises and the respondent-landlord had been successful in getting eviction of the other tenants. Inter se litigation had also been initiated for payment of arrears of rent which had been duly paid and the petitions had been withdrawn and, therefore, it is admitted case that there was relationship of landlord-tenant and the property had been let out as such.