Jagjit Singh (deceased) through LR vs Amrik Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2546

ALKA SARIN
Jagjit Singh (deceased) through LR – Appellant
Versus
Amrik Singh – Respondent

Advocates Appeared:
Mr. Vipin Mahajan, Advocate; For the Petitioner
Mr. B.S. Baath, Advocate for the Respondent No.1.

JUDGMENT

Alka Sarin, J.

The present revision petition under Article 227 of the Constitution of India has been preferred against the order dated 07.10.2014 passed by the Rent Controller, Gurdaspur on a petition filed under Section 13 -B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'Punjab Rent Act') ordering the eviction of the tenant-Petitioners from the demised premises.

2. The brief facts relevant to the present lis are that the landlord-Respondent filed an ejectment petition under Section 13 -B of the Punjab Rent Act for eviction of the tenant-Petitioners from the demised premises which is a shop. It was averred in the ejectment petition that the landlord-Respondent was originally a resident of Village Fateh Nangal, Tehsil and District Gurdaspur and he migrated to Canada in the year 2002 along with his family and thereafter he was employed in the City of Edmonton in Canada. The ejectment petition was filed on the ground that the landlord-Respondent was a NRI settled in Canada along with his family and that he became the owner of the demised premises in the year 1987. Previously his father was the owner of the demised premises and on his demise