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SANJAY VASHISTH
Ambrish Singal – Appellant
Versus
Girbal Krishan – Respondent
| Table of Content |
|---|
| 1. ejectment petition against tenant. (Para 1 , 2 , 3) |
| 2. respondent's claims on ownership. (Para 4 , 5) |
| 3. court's findings on ownership disputes. (Para 6 , 7) |
| 4. interpretation of 'landlord' under punjab rent act. (Para 8 , 9 , 10) |
| 5. burden of proof on petitioners. (Para 11 , 12) |
| 6. conclusions on lack of landlord-tenant relationship. (Para 13 , 14 , 15) |
| 7. dismissal of the petition. (Para 16) |
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
Present revision petition has been filed by the petitioners/landlords against the concurrent findings recorded by both the Courts below i.e. Court of Ld. Rent Controller and thereafter, by Appellate Authority under the provisions of the East Punjab Urban Rent Restriction Act, 1949.
2. Ejectment petition was filed by the petitioners i.e. 1. Dr. Ambrish Singal s/o late Sh. Vinod Singal and 2. Smt. Indira Singal, widow of Sh. Vinod Singal for ejectment of the respondent (tenant) alleging that the shop in question is under the ownership of the petitioners as they have inherited the same after the death of Vinod Singal (father of petitioner No.1 and husband of petitioner No.2).
3. It has been averred that respondent took the shop measuring 7 ft. x
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....
The tenant's admission of rent payment to the landlord after the alleged property transfer influenced the court's decision to uphold the eviction.
Under the East Punjab Urban Rent Restriction Act, a landlord can seek eviction for personal necessity without being the owner of the premises.
The absence of evidence establishing a landlord-tenant relationship necessitates allowing a tenant to contest an eviction petition under the Punjab Rent Act, 1995.
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