- (1.) THIS is a tenant's petition against the order of the Appellate Authority reversing the decision of the Rent Controller and ordering their eviction from the premises in dispute.
(2.) THE property involved in this case is a part of a house which was evacuee property. It was in possession of various occupants, including Harbel Singh, Respondent, and the whole of it was later on purchased by him, and the other allottees had been asked to attorn to him. The conveyance deed in his favour was executed on 14 -6 -1960 and registered on 26 -7 -1960. It was mentioned in this deed that the said property was being transferred to him with effect from 1 -10 -1955. On 4 -7 -1960 he filed an application under Section 13 of the East Punjab Urban Rent: Restriction Act for ejectment of the other occupants, his tenants, on the grounds of (1) the tenants being in arrears regarding payment of Rent (2) his personal necessity and (3) the tenants having impaired the value and utility of the leased premises.
(3.) THE tenants denied all the allegations and contended that there was no relationship of landlord and tenant between the parties and that the landlord was not entitled to apply for their, eviction in view of the provisions of Section 29 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the Act). The arrears of rent, however, were tendered on the first date of hearing. The Rent Controller found that there, was relationship of landlord and tenant between the parties and that the tenants were no longer entitled to the protection afforded by Section 29 of the Act, whereunder the ejectment of the tenants is barred for a period of two years. He however, found that the landlord was not able to establish the grounds of eviction and, consequently his petition was dismissed.;