SEWA RAM Vs. ASHISH GUPTA AND ORS.

JUDGEMENT

(1.) This Revisional Application is directed against the Judgment dated 17.09.2019 passed by the Ld. Appellate Authority, Patiala in Rent Appeal No.02 of 2017 affirming the Order of the Rent Controller, vide which the Eviction Petition filed by the Respondents/Landlords under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 had been allowed.

(2.) The Eviction Petition was filed by the Respondents seeking eviction of the Petitioner from the demised premises as described in the Heading of the original Eviction Petition on the grounds that he had defaulted in payment of rent and also on account of personal necessity of the Landlords, who claimed to have acquired its ownership by way of a registered Sale Deed dated 2.1.2008 executed in their favour by one Tara Devi, widow of the original Owner Faqir Chand. The Eviction Petition was contested by the Petitioner on the ground that he was not a Landlord under the Respondents and that the Sale Deed relied upon by them was forged and fabricated.

(3.) It transpires that after appearing in the Court of Ld. Rent Controller, the Petitioner paid the accummulated arrears of rent etc. ostensibly in compliance of Provisional Order of Assessment, but his case even before this Court has been that there is actually no Landlord-Tenant relationship between himself and the Respondents, since the Sale Deed in their favour is forged and fabricated document, and that dispute regarding ownership of the Respondents is already pending by way of a Civil Suit filed by him seeking declaration to the effect that the impugned Sale Deed is illegal, null and void and not binding upon him. A copy of Plaint filed by the Petitioner in the Court of Ld. Civil Judge (Senior Division) Patiala on 7.1.2015 is on record as Annexure P-6.