GYAN AGGARWAL Vs. BRIJ BHUSHAN SALWAN

JUDGEMENT

(1.) This revision is directed against the judgment passed by the Ld. Appellate Authority, in RA No.11/2017 on 27.07.2018, vide which the original Eviction Order against the petitioner, passed by the Ld. Rent Controller, Jalandhar in its impugned judgment dated 23rd December, 2016, was affirmed.

(2.) The Eviction Application seeking ejectment of the petitioner from the demised premises under provisions of the East Punjab Urban Rent Restriction Act, had been allowed in favour of the respondent/landlord basically on two grounds viz that the petitioner/tenant ceased to occupy the demised property, and that the same was required bona fide by the respondent/landlord for his own use and occupation. The Rent Controller's decision on both these counts was sustained by the Appellate Authority.

(3.) The petitioner has however contended before this Court that in any event the Eviction Petition was non-maintainable from the very beginning inasmuch as his eviction was sought only by the respondent/landlord, without consent of his brother/ co-owner/landlord namely, Bharat Bhushan Salwan, along with a third brother namely Kulbhushan, who all had jointly inherited the premises after death of their father/original landlord-Pandit Manohar Lal Salwan.