LAWS(P&H)-2018-11-129

VED PARKASH Vs. NIRMAL AND ASSOCIATES

Decided On November 21, 2018
VED PARKASH Appellant
V/S
Nirmal And Associates Respondents

JUDGEMENT

(1.) The petitioner - tenant is aggrieved of order dtd. 6/10/2017 passed by the learned Rent Controller, Jalandhar whereby his eviction from the demised premises has been ordered as well as order dtd. 12/4/2018 passed by the learned Appellate Authority, Jalandhar upholding the same.

(2.) Respondent - Nirmal Associates filed a petition under Sec. 13 of the East Punjab Urban Rent Restriction Act seeking eviction of the tenant i.e. the petitioner from the demised premises on the ground of arrears of rent and subletting. It was claimed that the respondent was a tenant paying rent at the rate of Rs.2,000.00 per month. The petitioner was claimed to be in arrears of rent from April, 2010 till the date of filing of the petition i.e. 29/9/2016 at the rate of Rs.2,000.00 per month. Moreover, the present petitioner was also claimed to have sublet the demised premises to some third person without consent and permission of the landlord.

(3.) The present petitioner, at the first instance, appeared before the learned Rent Controller and suffered a statement on 10/1/2017 that he did not wish to contest the petition and he would vacate the shop in question within 15-20 days. However, subsequently he appeared through counsel and filed a written statement, actively resisting the petition seeking his eviction while admitting the relationship of landlord and tenant as well as rate of rent. Dismissal of the petition was sought.