LAWS(P&H)-2019-4-129

SHERE PUNJAB TRADING CO Vs. UMA RANI MOHINDRU

Decided On April 08, 2019
Shere Punjab Trading Co Appellant
V/S
Uma Rani Mohindru Respondents

JUDGEMENT

(1.) This is tenants revision petition challenging the order dtd. 26/9/2017 of the Rent Controller, Jalandhar, whereby eviction has been ordered from the demised premises on the ground of personal bona fide need of the respondent-landlady; and further judgment of the Appellate Authority dtd. 17/5/2018 whereby appeal against the aforesaid order of eviction, has been dismissed. Brief facts of the case are that the respondent/landlady filed a petition under Sec. 13 of the East Punjab Urban Rent Restriction Act 1949 (hereinafter to be referred to as the 'Act'), seeking ejectment of the petitioners herein from Shop No.4 alongwith store and which was stated to be part of property Nos.11 and 12, Connaught Circus, Circular Road, Jalandhar. Case of the landlady was that the shop in question was taken on rent by petitioner No.1 herein i.e. Shere Punjab Trading Company through Sh. Rajiv Gupta, partner from Chanan Singh, Gonda Singh sons of Bhagwan Singh, Charan Kaur widow of Bawa Singh, Raghbir Singh, Manjit Singh, Joginder Singh sons of Bawa Singh through their attorney Sh. Parkash Nath Dhir, for a period of 11 months on a monthly rent of Rs.250.00 on the basis of oral tenancy followed by delivery of possession. Chanan Singh & party sold property Nos.11 and 12 Connaught Circus, Circular Road, Jalandhar of which the shop in question was a part in favour of the landlord on the basis of sale-deeds dtd. 10/6/1992, 15/6/1992 and 29/6/1992. In this way respondent herein became owner/landlord of the demised premises and the petitioner(s) herein became tenant under the landlady on a monthly rent of Rs.250.00 per month.

(2.) Ejectment was sought on the following grounds:-

(3.) On the pleadings of the parties following issues were framed by the Rent Controller:-