KASHMIRI LAL Vs. DARSHAN SINGH

JUDGEMENT

(1.) Petitioner is aggrieved of order dtd. 18/11/2017, passed by the learned Rent Controller, Ludhiana, as well as order dtd. 2/7/2018, passed by the learned Appellate Authority, Ludhiana. Eviction of the petitioner- tenant has been ordered on the ground that he failed to deposit the provisional rent as assessed by the learned Rent Controller, Ludhiana on 17/10/2017.

(2.) Brief facts necessary for the adjudication of the case are that a petition under Sec. 13 of the East Punjab Urban Rent Restriction Act (for short 'Act') was filed by the respondent-landlord, seeking eviction of the petitioner from the demised premises i.e., a shop as described in the petition. Eviction of the petitioner was sought on the ground of non-payment of arrears of rent w.e.f., May 2016 at the rate of Rs.1700.00 per month as well as on the ground of personal bona fide necessity of the landlord.

(3.) Learned Rent Controller assessed provisional rent at the rate of Rs.1700.00 per month vide order dtd. 17/10/2017 (Anneuxre P-3). Petitioner was to deposit the said rent on or before 17/11/2017. Admittedly, the petitioner did not deposit the provisional rent on 17/11/2017 and the matter was adjourned to 18/11/2017 for payment of provisional rent, but the present petitioner failed to pay the rent. Accordingly, learned Rent Controller, Ludhiana, in terms of the judgement of the Hon'ble Supreme Court in Rakesh Wadhawan and others Vs. M/s Jagadamba Industrial Corporation and others, AIR 2002 SC 2004 directed ejectment of the petitioner with a direction to handover vacant possession of the premises to the respondent within three months.