H.S.BHALLA,J - (1.) THIS is a petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') for setting aside the orders passed by the Rent Controller, Ludhiana and the appellate authority.
(2.) THE facts required to be noticed for the disposal of this petition are that landlady Vijay Kumari filed a petition under Section 13 of the Act for eviction of the respondent, Seema Sharma from the tenanted premises. It was alleged by the landlady that respondent is tenant in the demised premises at a monthly rent of Rs. 700/- per month since November 1993. Relationship of landlord and tenant exists between the parties thus the respondent is liable to be evicted on the ground that he has neither paid nor tendered arrears of rent w.e.f. August 1995 and further respondent-tenant is also creating nuisance in the property. The tenant-respondent contested the petition and through reply the petition was attacked on number of grounds and while denying the averments raised in the petition, it was prayed by the respondent that the same be dismissed. From the pleadings of the parties, the following issues were framed by the learned Rent Controller : 1. Whether the respondent is in arrears of rent from August 1995 as alleged ? OPP 2. Whether the respondent has caused nuisance in the demised property ? OPP 3. Whether the present petition is not maintainable ? OPP 4. Whether the respondent is liable to be evicted from the demised premises ? OPP 5. Relief.
(3.) ALL these issues were taken up together by the learned Rent Controller and while considering the evidence available on the record led by both the parties, the petition was dismissed. Aggrieved against this order, the tenant moved the Appellate Court but could not succeed and vide order dated 19.1.2005, the appeal was dismissed. The present petitioner had no other option but to knock the door of this Court under Section 15(5).;