AVTAR SINGH HOTHI Vs. RAJ MOHAN

JUDGEMENT

(1.) This revision petition has been filed challenging order dated 20.08.2016, passed by the learned Rent Controller, Gurdaspur, as well as order dated 08.03.2017, passed by the learned Appellate Authority, Gurdaspur, whereby ejectment of the petitioner-tenant (now represented by his legal representatives), was ordered on the ground of non-payment of rent.

(2.) Brief facts necessary for the adjudication of the case are that the respondent-landlord filed a petition under Section 15 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'act'), seeking ejectment of the tenant on the ground of non-payment of rent and personal bona fide necessity. It is pleaded that the property in question was let out to the petitioner-tenant at the rate of Rs. 450/- per month by the original landlords/owners namely Sukhdev Singh, Tarsem Singh and Prem Singh sons of Hari Singh, vide rent note dated 26.06.1995. Respondent-landlord claims to have purchased the property from the said landlords through a registered sale deed dated 10.12.2004 along with Dr. Prem Jyoti, sister-in-law of the applicant in equal shares. The property in question was claimed to have fallen to the share of the applicant-landlord. It is thus pleaded that the relationship of landlord and tenant exists between the parties. It is pleaded that rent had not been paid by the tenant from the date of purchase of the property i.e. 10.12.2004. It is further pleaded that the respondent-landlord required the premises along with two other adjoining shops for running a Veterinary Hospital as he is a qualified veterinary doctor. A hospital, it is stated has to be constructed after demolishing the other two shops, as well. Hence the present application.

(3.) Petitioner-tenant, resisted the petition while taking a specific stand that respondent-Raj Mohan, was not the owner or landlord of the property in question. Other averments were also denied. Dismissal of the petition was prayed for.