PUNJAB SINGH Vs. MANGAL SINGH

JUDGEMENT

(1.) THERE is a residential house situate in Mohalla Safal Rehman in Jullundur City. It appears that it was an evacuee property and consisted of two portions, Nos. N.G. 114 and N.G. 115. The former was allotted to Punjab Singh and the latter to Mangal Singh on a temporary basis by the Rehabilitation Department. Subsequently, both the portions were transferred on permanent basis to Mangal Singh with effect from (sic)0th September. 1955, and a conveyance deed was also executed in his favour by the District Rent and Managing Officer. By operation of law, Punjab Singh became the tenant of Mangal Singh with regard to portion No. N.G. 114 from 1st of October, 1955. In August 1961, Mangal Singh filed a petition under section 13 of the East Punjab Rent Restriction Act, 1949, against Punjab Singh for his ejectment from portion No. N.G. 114 on three grounds. Firstly that Punjab Singh had not paid any rent for the portion occupied by him till the filing of the ejectment petition. The rent of the said portion was Rs. 1/ - per month. Secondly, the premises were required bona fide by Mangal Singh for his use and occupation. Thirdly, the tenant was a source of nuisance to the neighbours.

(2.) THIS petition was resisted by Punjab Singh who denied that he was a tenant under Mangal Singh. His plea was that he was in possession of portion No. N.G. 114 and the same was purchased by him from the District Rent and Managing Officer, Jullundur, on instalment basis. According to him, Mangal Singh had wrongly included that portion in his own, which bore No. N.G. 115. Consequently, he was not required to pay any rent to Mangal Singh. The other grounds of ejectment were also controverted by him. On the pleadings of the parties, the following two issues were framed by the Rent Controller on 15 of November, 1962.

(3.) On 15th of April, 1966, Shri Sunder Lal, P.C.S., who was the Rent Controller at that time, held that there was a relationship of tenant and landlord between the parties and that there was no valid compromise entered into between them. The parties were then directed to produce their evidence on the remaining issues. After the parties had led their evidence, Shri J.C. Nagpal, who succeeded the previous Rent Controller, held on 30th July, 1936, that Punjab Singh was guilty in making default in payment of the rent and was, therefore, liable to ejectment on that ground alone. It was also found that the accommodation with the landlord was sufficient for his -needs and he bona fide required the portion of the house in possession of the tenant for his own use and occupation. It was further held that the conduct of the tenant towards the landlord and the members of his family amounted to a nuisance and he was, therefore, liable to ejectment for that reason as well. On these findings, the ejectment application was granted and the tenant was ordered to vacate the premises within two months.