PREETI Vs. MANMOHAN SINGH

JUDGEMENT

(1.) THE petitioner-tenant, has filed this petition, under Section 15(5)A of the East Punjab Urban Rent Restriction Act, (hereinafter referred to as 'the Act'), impugning the order of ejectment passed by the Rent Controller, Hoshiarpur, as also the order of dismissal of her appeal, passed by the Appellate Authority, Hoshiarpur.

(2.) THE petitioner, admittedly, was inducted as a tenant in the demised premises in 1994 by Sh. Satvir, who filed an ejectment petition dated 4.10.1996, praying for the petitioner's ejectment for non payment of rent. During the pendency of this petition, Satvir passed away on 15.12.1998. The respondents Manmohan Singh and Madan Mohan sons of Mehnga Singh, alleging that they had inherited ownership of the demised premises, filed an application for their being impleaded as legal representatives. The said application was allowed vide order dated 2.12.1999 and the respondents were impleaded as petitioners. The Rent Controller, vide order dated 21.12.1999, held the rate of rent to be Rs. 450/- per month and in addition, held that the tenant was required to pay water charges @ Rs. 15/- per month and sewerage charges @ Rs. 5/- per month. As the tenant had tendered rent upto April 1997 at the determined rate, the petition was dismissed.

(3.) ON issue no. 2, the learned Rent Controller, held that the respondents were owners/landlords of the premises in dispute and, therefore, negatived the petitioner's contention that the respondents had no locus standi to maintain the petition for ejectment. On issue no. 1, it was held that as the petitioner failed to tender rent at any stage of the proceedings, she was liable to be ejected.