- (1.) HEARD .
(2.) AN ejectment Petition No.61 of 2007 was brought by the Sant Nirankari Mandal (Regd) before the Rent Controller, Jalandhar on August 17, 2006 against the petitioner for eviction from the demised premises under S.13 of the East Punjab Urban Rent Restriction Act, 1949. The ground of eviction was that Chander Sheikhar Kapoor had ceased to occupy the shop in dispute for more than four months without reasonable cause. The said tenanted shop was lying locked for the past one and half years when the action was brought before the rent controller. The tenant was living abroad at the time. Sant Nirankari Mandal was successful in the evicting their tenant Chander Sheikhar Kapoor by obtaining an ex parte from the rent controller after following due procedure of substituted service and munadi, that is, by beat of drum in the locality concerned.
(3.) INDISPUTABLY there is no written agreement or contract executed by Sant Nirankari Mandal (Regd) and Chander Sheikhar Kapoor letting out the premises. There is no lease deed. There is no rent note. The tenancy was oral and the rent was paid in cash. The landlord -tenent relationship is not disputed. Although Chander Sheikhar Kapoor was ex parte before the Rent Controller his wife Mala Kapoor claiming to be a partner of a firm called M/s Eastern Metal Works filed an application under Order 1 Rule 10 of the Code of Civil Procedure during the pendency of the eviction proceedings claiming that M/s Eastern Metal Works was a registered partnership consisting of Chander Sheikhar Kapoor and herself. Certain documents were placed on record before the Rent Controller to satisfy the correctness of the statements made in the application. The application was dismissed by the Rent Controller for the reason that Mala Kapoor was not a party whose presence was necessary to adjudicate the controversy raised in the petition.;