DAVINDERPAL Vs. KANWARDEEP SINGH

JUDGEMENT

(1.) This Revisional Application is directed against the Judgment dated 27.10.2016 passed by the Ld. Appellate Authority, Barnala in Rent Appeal No.05 of 2015 affirming the Judgment of the Rent Controller, vide which the Eviction Petition filed by the Respondent/Landlord under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 had been allowed.

(2.) The Eviction Petition had been filed on behalf of Respondent/Landlord seeking eviction of the Petitioner/Tenant on the grounds that he had defaulted in payment of rent for the period between 1.4.2010 to 31.5.2012, and that the Landlord required the demised premises for his own use and occupation, since he was an unemployed Graduate without any source of income; and he was a Student of Law, but had to leave his studies on account of an accident; but after regaining his health he was not in a position to continue to resume his studies, and wanted to start his own business being an already married man with one daughter.

(3.) It was also pleaded in the Eviction Petition that after having defaulted in payment of rent, the Tenant had filed a Civil Suit on false allegations against the Landlord on 15.4.2011, in which, he had falsely and motivatedly claimed the rate of rent being at Rs.1200/- per month instead of actual rent of Rs.3000/- per month. In addition, it was also pleaded that with ill-intention and greed, the Tenant/present Petitioner had got executed a Deed of Mortgage from the Landlord in his favour for a mortgage amount of Rs.10,000/- on 16.5.2011, which was got registered on 6.6.2011, but had thereafter resiled from its contents and on the contrary, had filed an Application under Order 39 Rule 2-A of the Code of Civil Procedure with a view to harass the Landlord for his alleged violation of the Injunction Order granted in the said Civil Suit filed on 15.4.2011.