- (1.) Krishan Lal (since deceased) had filed the ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 seeking ejectment of the petitioner from the premises in question on the grounds of personal necessity and arrears of rent. In reply filed by the petitioner, relationship of landlord and tenant between the parties was denied. It was averred that the shop in question was in possession of the petitioner for the last 15/16 years after he had constructed the same on the vacant land owned by the Municipal Council. Suit had been filed by the petitioner against the State of Punjab including the Municipal Council, Nabha for purchase of property in question. Petitioner was carrying on his business in the premises in question.
(2.) On the pleadings of the parties, following issues were framed by the Rent Controller:-- 1. Whether the applicant is owner of the shop in question? OPP 2. Whether the shop in question was rented out to the respondent @ Rs. 350/- per month? OPA 3. Whether the respondent is in arrears of rent from 1.4.99 onward? OPA 4. Whether the applicant requires this shop for his personal use and occupation? OPA 5. Whether the shop in question has become unsafe and unfit for human habitation? OPA 6. Whether the shop in question is lying closed since the beginning of the year 1999 without any reasonable excuse, if so, its effect? OPP 7. Whether the application is not maintainable in the present form? OPD 8. Whether the applicant is estopped by his own act and conduct to file this application? OPR 9. Whether this Court has no jurisdiction to try this application? OPR 10. Relief
(3.) Vide order dated 15.4.2010, Rent Controller allowed the ejectment petition. The said order was upheld by the Appellate Authority vide order dated 26.4.2011. Hence, the present petition by the petitioner-tenant.;