PRITPAL SINGH Vs. BHUPINDER SINGH AND ANR

JUDGEMENT

(1.) The present petition directs challenge against concurrent findings recorded by the Courts whereby application for eviction filed under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (in short 'the Act') was allowed by the Rent Controller, SAS Nagar, Mohali and the order passed by the Rent Controller has been affirmed in appeal by the Appellate Authority on 18.02.2016.

(2.) Counsel for the petitioner has sought to assail orders passed by the Courts primarily on two counts. The first submission made by counsel is that as respondent No.1 is in Australia, he was required to file an application for eviction under Section 13-B of the Act in place of invoking Section 13 thereof. The second submission made by counsel is that father of respondent No.1 is owner of adjoining property, therefore, he being the only son of Dalbir Singh shall be entitled to a share in the said property, therefore, findings of the Courts accepting claim of bona fide personal necessity are liable to be set aside.

(3.) Counsel representing respondent No.2/caveator would inform the Court that possession of the premises in question has already been delivered to the respondents in execution of eviction order through process of the Court on 05.08.2016, therefore, the petition has been rendered infructuous.