JUDGMENT

Namit Kumar, J. (Oral)

C M-15566-CII-2023

Prayer in the instant application filed under Section 5 of the LIMITATION ACT is for condonation of delay of 27 days in filing the instant petition.

For the averments made in the application which has been supported by an affidavit of appellant, the same is allowed and delay of 27 days in filing the instant petition is condoned.

CM-15568-CII-2023

Prayer in the instant application filed under section 151 of CPC is for seeking exemption from filing certified copy of impugned order dated 29.10.2022 as well as copy of grounds of appeal filed before the Appellate Authority, Ferozepur.

Allowed as prayed for subject to all just exceptions.

CR-4969-2023 (O&M)

The instant revision petition has been preferred by the petitioner/tenant impugning the order dated 29.10.2022 passed in Rent Petition No.5 of 2020 tilted as 'Bhupinder Kaur v. Parambir Singh Sodhi' whereby learned Rent Controller, Ferozepur has passed the ejectment order and directed the petitioner to hand over the vacant possession of demised premises to the respondent and order dated 27.04.2023 passed by learned Appellate Authority, Ferozepur in Rent Appeal No.7 of 2022 whereby an appeal filed by the petitioner against order dated 29.10.2022 has been dismissed.

2. Briefly stated the facts of the case as pleaded in the petition are that the respondent is the owner of the shop measuring 20'x30' situated at Malwal Road, Ferozepur City and bounded on East by Malwal Road, West by House of Santokh Singh Sandhu, North Shiv Kumar Monga and South by Sandeep Khatter. The respondent has appointed her son Sandeep Singh as her general power of attorney and authorized him to collect the rent of the above-said shop. The shop in question was given on rent to the petitioner and a rent deed dated 14.06.2018 was got registered in the office of Sub Registrar, Ferozepur in this regard. The petitioner was agreed to pay rent of Rs. 20,000/- per month. The respondent has filed the ejectment petition on the ground of non-payment of arrears of rent w.e.f. 14.06.2018 to the date of filing of the ejectment petition @ Rs. 22,000/- per month. It was further alleged that the shop in dispute was required for her bona fide necessity. Upon notice the petitioner appeared and filed reply taking preliminary objections alleging that Sandeep Singh s/o of respondent is fast friend of the petitioner and the petitioner has taken the shop in question on monthly rent of Rs. 2500/- from Sandeep Singh, who is Karta of his family in the year 2002 and later on, the petitioner came to know that the shop in question is in the name of the respondent i.e. mother of Sandeep Singh. Thereafter, the petitioner started paying the rent to the respondent and her son Sandeep Singh and the rent was increased to the extent of 10% per year and now the petitioner is paying the rent of Rs. 16,000/- per month to the respondent but she is not issuing any receipt of rent to him. The respondent got executed the alleged rent deed dated 14.06.2018 from the petitioner by fraud. The respondent also owns 7-8 shops outside her residential house in good locality which are lying vacant and she also owns other commercial properties at Mall Road, Ferozepur City and the same are also lying vacant. After hearing the parties, learned Rent Controller, Ferozepur vide order dated 29.09.2022, provisionally assessed the rent as follows :-

The arrears of provisional rent were to be paid by the petitioner/tenant to the respondent/landlord to the tune of Rs. 11,03,776/- on 28.10.2022 and on 28.10.2022 last opportunity was granted to the petit