DEVKI RANI AND ORS. Vs. NIRMAL SINGH

JUDGEMENT

(1.) THIS revision petition is directed by the tenants who have been ordered to be ejected from the tenanted shop by the Rent Controller, Khanna vide order dated 23rd September, 2006 passed under the East Punjab Urban Rent Restriction Act, 1949 and which has been further upheld by the Appellate Authority, Ludhiana vide the impugned judgment dated 16.08.2008.

(2.) THE respondent -landlord sought the petitioner -tenants' eviction from the demised premises comprising a shop situated in Ward No. 11, Mohalla Dhaipai. GT Road. Khanna, District Ludhiana, inter alia, on the grounds that: -

(3.) THE petitioners contested the eviction petition questioning the bona fide of the respondent -landlord and averred that after the demised shop was let out by the father of the respondent about 17 to 19 years back, concerted efforts have been made by the respondent to get the same vacated and for that purpose the respondent -landlord even got executed a sham and fictitious sale deed on 10.10.1995 from his father, based upon which, he sought petitioners' ejectment vide eviction petition dated 15.10.1996 on the ground of his own 'personal necessity' but the said eviction petition was dismissed in default on 23.09.1993 followed by the present eviction petition filed on 6th June, 2003 with the changed plea that the demised premises is now required for the alleged used of his daughter. The petitioners further averred that the respondent -landlord does not reside at Khanna or even of Ludhiana and is settled at Chandigarh. The alleged need, as pleaded by him is totally artificial, fake and a mere device to seek their eviction from the shop in dispute.