LAWS(P&H)-2018-12-148

SATBIR SINGH Vs. MADAN LAL RAMBANI

Decided On December 20, 2018
SATBIR SINGH Appellant
V/S
Madan Lal Rambani Respondents

JUDGEMENT

(1.) Madan Lal Rambani (since deceased) now represented by his legal heirs filed petition under Sec. 13 of the East Punjab Urban Rent Restrict Act, 1949 (for short 'the Act') for ejectment of petitioner and proforma respondents no. 2 to 4 from first floor and barsati of the building bearing no khana shamari no. 1621 (now 1621/V) situated in Bazar Babe Atal Sahib, Amritsar. The demised premises was let out to Mohinder Gopal Singh w.e.f. 15/6/1982 at the monthly rent of Rs.30.00 for running hosiery work business. He died in 1998 leaving behind revision-petitioner and proforma respondents as his legal heirs.

(2.) The revision-petitioner alleged that the premises is in exclusive possession of Harbeer Singh, who at the time of filing of petition was residing there with his family. Mohinder Gopal Singh was also in possession of adjoining building no. 1622, where he was manufacturing hosiery material and then selling the same in the premises in question. However, that portion was acquired by the Government under the scheme of beautification of Golden Temple. Thereafter, Mohinder Gopal Singh ceased to occupy the premises in question and stopped business of hosiery work and gave the same to respondent no. 1-Harbeer Singh for residential purpose.

(3.) The ejectment of tenants (revision-petitioner and proforma respondents) was sought on the ground of arrears of rent; change of user; and personal bona fide need of the landlord-respondent no. 1. Landlord- respondent no. 1 described his need for the demised premises in the petition as follows:-