PIARA LAL Vs. RAJINDER KUMAR

JUDGEMENT

(1.) This is a landlord's revision and has been directed against the judgment dated 31.1.1983, passed by the Appellate Authority, Sangrur, who allowed the appeal of Shri Rajinder Kumar and set aside the order dated 19.9.1980 passed by the Rent Controller, who had ordered the eviction of Rajinder Kumar along with Karam Chand and Yash Pal.

(2.) The brief facts of the case can be summarised in the following manner. Shri Piara Lal son of Shir Kaur Sain claimed himself to be the landlord/owner of the demised premises. He filed an ejectment application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called 'the Act') against Karam Chand, Yash Pal and Rajinder Kumar, alleging that he purchased the disputed shop vide sale deed dated 3.6.1957 for a consideration of Rs. 10,5000/-. After re-construction of the building he rented out the demised premises to Karam Chand and Yash Pal, respondent No. 1 and 2 respectively, at the annual rent of Rs. 1200/-. Respondent No. 1 and 2 both executed a rent note dated 10.11.1963 in his favour. Thus, there was relationship of landlord and tenant between him and respondents No. 1 and 2. The shop was tenanted only for a period of one year with the stipulation that they would vacate the premises after the expiry of the period mentioned in the rent note. The respondents did not vacate the premises after the expiry of the period of tenancy and continued in possession under the protection given to the tenants under the Act.

(3.) About 5/6 year back, the respondents No. 1 and 2 stopped working on the shop. The landlord made the enquiries from respondent No. 3 and he came to know that respondents No. 1 and 2 were continuing in the business as partners. The landlord also made enquiries from respondents No. 1 and 2 and they also replied to the same effect. The petitioner remained under the impression that respondents No. 1 and 2 were the partners in the business carried on in the demised premises.