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ALKA SARIN
Gauri Shankar Alias Gopi (Deceased) – Appellant
Versus
Gautam Parkash (Deceased) – Respondent
JUDGMENT
Alka Sarin, J.
The present revision petition has been preferred by the tenants against the orders passed by both the Authorities below returning concurrent findings of fact and ordering their ejectment.
2. Brief facts relevant to the present lis are that the landlord-respondent No.1 filed an ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Punjab Rent Act') for eviction of the present petitioner and the proforma respondents from the shop bearing Municipal property/shop No.IX/1048 averring that the shop in dispute is in the ownership of landlord-respondent No.1 since 30.03.1994 and it fell to the share of the landlord-respondent No.1 in a family partition, which was upheld by the Court of Sh.Varinder Aggrawal, the then Civil Judge (Junior Division), Moga vide judgment and decree dated 17.05.1997 passed in case No.831 of 12/1995. It was further averred that originally the shop in dispute was owned by Charanjit Rai and Sons i.e. family concern or the HUF concern of the family of the landlord-respondent No.1 and the shop in dispute alongwith adjoining shops bearing Municipal property/shops No.IX/1047 and
Petitioners failed to establish the landlord-tenant relationship necessary for eviction under the East Punjab Urban Rent Restriction Act, as they could not prove ownership or authorization to collect....
Under the East Punjab Urban Rent Restriction Act, a landlord can seek eviction for personal necessity without being the owner of the premises.
The court emphasized the importance of considering the averments in the plaint and using the power to reject a plaint at the threshold only in exceptional circumstances.
The tenant's admission of rent payment to the landlord after the alleged property transfer influenced the court's decision to uphold the eviction.
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