A.N.JINDAL,J - (1.) THIS revision petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') is directed against the judgment dated 20.3.2007 passed by the learned Appellate Authority Hoshiarpur, dismissing the appeal of the petitioner-tenant (hereinafter referred to as 'the petitioner') against the order dated 17.1.2006 passed by the learned Rent Controller, Hoshiarpur allowing the application for ejectment of the petitioner. Admittedly, the respondents are the landlords of the house as fully described in the head note of the petition and the petitioner is the tenant in the said house since long @ Rs. 5/- per month.
(2.) THE respondents sought ejectment of the petitioner on the grounds of none payment of rent, personal necessity and that the premises being in dilapidated condition, have become unfit and unsafe for human habitation. The allegations as made by the respondents were controverted by the petitioner, by way of the reply filed by him out of which following issues were emerged, vide order dated 29.5.1986 :- 1. Whether the tender made by respondent No. 1 is short and invalid ? OPA 2. Whether the house in dispute is in dilapidated condition ? OPA 3. Whether the applicant requires the premises in dispute for their personal use and occupation ? OPA 4. Whether there is a relationship of landlord and tenant between the parties ? OPR 5. Whether the site plan filed by the applicants is incorrect ? OPR 6. Relief. Again the following additional issues were framed by the learned Rent Controller, vide its order dated 3.12.1986 :- 1. What is the effect of the previous litigation between the parties ? OPP 2. Whether the tender made by the respondent is subject to the decision of the Hon'ble High Court ? OPD
(3.) BOTH the parties led evidence in support of their respective contentions. The applicants-respondents examined Rakesh Kumar (AW1), Paramjit Bali, Advocate (AW2), Kuldip Walia, Advocate (AW3), Surinder Mohan (AW4), Nem Kumar (AW5), Varinder Nath Ranjan (AW6), Mangat Ram Sharma, Advocate (AW7) and A.K. Gupta, Advocate (AW8).;