LAWS(P&H)-2019-1-409

DAMAN KOCHAR Vs. RAKESH DHIR

Decided On January 07, 2019
Daman Kochar Appellant
V/S
Rakesh Dhir Respondents

JUDGEMENT

(1.) Petitioners are aggrieved of orders dtd. 30/5/2017 and 23/1/2018 passed by learned Rent Controller, SAS Nagar Mohali as well as learned Appellate Authority, SAS Nagar, Mohali, respectively.

(2.) Brief facts necessary for adjudication of the case are that petitioners filed petition under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short, the 'Act') seeking eviction of the respondents from the demised premises i.e. first floor of SCO No.48 Phase-2, Mohali, on the grounds that the tenants had ceased to occupy the demised premises for a period of over four months prior to the filing of the petition and that the demised premises was sublet by respondent No.1 to respondent No.2.

(3.) The present petitioners purchased the property in question vide a registered sale deed dtd. 9/11/2015 from Gurdeep Singh (predecessor). It was pleaded that respondent No.1 was inducted as a tenant by its previous owner Gurdeep Singh in 2001. The demised premises were, however, sublet to respondent No.2 without any authority or consent from the previous owner and respondent No.1 had ceased to occupy the demised property.