TARLOK KUMAR Vs. SHAKTI KUMAR MARKAN AND OTHERS

JUDGEMENT

(1.) Tarlok Kumar, who is a tenant, has preferred present revision petition against the impugned order dated 22nd January, 2008 passed by the Rent Controller, Khanna dismissing the application seeking leave to defend under Section 13-B of the East Punjab Urban Rent Restriction (Amendment) Act, 2001, (hereinafter referred to as, the Act).

(2.) One Shakti Kumar Markan, who is residing at 101, Kenton Road, Gosforth, New Castle Upon Tyne, NE2-4NL (UK), preferred a petition under Section 13-B of the Act seeking ejectment of Tarlok Kumar son of late Des Raj and other legal representatives of Des Raj from the shop, details and description of which have been given in the head note of the ejectment petition. It was stated in the petition that Shakti Kumar was born at Sangrur on 5th May, 1953 and thereafter he migrated to UK and has been carrying on his business at New Castle, UK. He became a British citizen and acquired British passport. It was further stated that Norati Devi widow of Jai Ram Dass was owner of the plot, who gifted the same vide registered gift deed dated 30th March, 1960 in favour of Kamla Devi wife of Ram Sarup and to her three grandsons, Amarjit Kumar, Vinod Kumar and Shakti Kumar. It is further stated that the demised shop with a passage is in possession of petitioner Tarlok Kumar, while the adjoining shop is in possession of the heirs of Sudagar Singh and these shops are constructed at one time after the site plan was got sanctioned and proved from the Municipal Committee, Khanna. It was stated that both the shops are an integral part of one building. It is further stated that Tarlok Kumar was the tenant of the demised shop along with the land in the back portion with a small passage and the rent of land is Rs.28,000/- per year. It is further averred that after the death of Kamla Devi, the property was inherited by other family members and petitioner is one of the co-sharers and the other co-sharers have no objection in case the shop is got vacated by the petitioner. In para 5 of the petition, ground of personal necessity was pleaded and it was stated that petitioner is having experience of purchase and sale of ready made garments, business of which was being run by him at New Castle, UK and after the death of his mother, he wanted to run the business of cloth merchant by constructing a showroom after demolishing the shop in dispute as well as the adjoining shop, which is in possession of Sudagar Singh. Other necessary ingredients were also pleaded in the ejectment petition.

(3.) Notice was issued. Tenant Tarlok Kumar appeared and filed an application for grant of leave to appeal. Application of leave to appeal has been annexed as Annexure P-1.