JAWAHAR LAL BANSAL Vs. MANEET KUMAR

JUDGEMENT

(1.) This Revisional Application is directed against the Order passed by Ld. Rent Controller, Bathinda in Rent Petition No.58 of 2017.

(2.) Vide the impugned Order, the Ld. Rent Controller had dismissed an Application of the Petitioner/Tenant for discovery and production of certain original documents allegedly in the custody of the Respondent/Landlord and his family members. It may be mentioned that the Respondent had filed the Eviction Petition against the Petitioner under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 in which, the principal ground to seek the Petitioner's eviction from the demised shop was of bonafide personal necessity.

(3.) The contention of the Petitioner before the Ld. Rent Controller was that there were two other shops in the property in question bearing MC Nos.2087 and 2087-A, The Mall, Bathinda, which had earlier been let out on rent with two tenants namely 'Kazari' and 'Elisir Lifestyle', but were vacated during the pendency of the case by those tenants, and that the same shops were then let out by the Respondent/his family members to two new tenants under the names of 'Go Colours' and 'Meena Bazar', which fact was intentionally suppressed by the Respondent/Landlord, who is also alleged to have forged and fabricated a Sham Memorandum of Partition of the composite property in collusion with his family members motivatedly to make out a false case that he was not possessed of any suitable accommodation in lieu of the demised shop being occupied by the Petitioner. The Ld. Rent Controller dismissed the petitioner's application by observing inter-alia -