MOTI LAL Vs. KULDEEP KAUR

JUDGEMENT

(1.) This civil revision has been preferred under Section 18-A(8) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as "the Rent Act") assailing the decision dated 06.08.2019 of the Rent Controller, Ludhiana, taken in Case No.RA/30664/13 by which the application filed by the petitioner-landlord (Respondent herein) on the ground of personal necessity has been allowed and the respondent-tenant has been directed to vacate the demised premises forthwith and hand over the vacant possession in favour of the petitioner-landlord. 1. Brief facts which would be necessary for consideration of the lis, stands narrated as under:

(2.) The respondent-tenant-petitioner appeared in response to the notice and filed his reply objecting the eviction chiefly on the ground that the petitioner-landlord is not an NRI and in fact she has not gone outside India for taking any employment and to carry on her business or vocation in the year 1979. All her children are British Citizen and married and settled there. The petitioner-landlord does not intend to return to India as she is not an NRI. That apart, another stand has been taken that the petitioner is not the owner of the property and, as such, there is no relationship of landlady and tenant because the property was let out to the respondent by Pritam Singh in the year 2000 at the monthly rental of Rs.800/-. Before the death of aforesaid Pritam Singh, the respondent-tenant used to pay Rs.1700/- as rent till 10.08.2010. It has also been averred that the respondent/tenant also filed as suit for permanent injunction against Balwinders Singh son of aforesaid Pritam Singh but it is admitted on record that ex parte ejectment order dated 23.07.2009 was obtained by Ranjit Kaur and to stay the operation of the said order the respondent-tenant paid Rs.66,000/- as rent, w.e.f. 01.10.2007 to 30.06.2010 to Ranjit Kaur being attorney of the petitioner-respondent, thereafter, the ex parte decree was set aside.

(3.) On appreciation of pleadings of the parties framed following issues: