- (1.) This order will dispose of Civil Revision Nos. 6439 of 2007 (Rajinder Kumar and another v. Gurbachan Singh; 6441 of 2007 (Mohanbir Singh v. Gurbachan Singh and 6439 of 2007 (Mohanbir Singh v. Gurbachan Singh). The facts are being taken from Civil Revision No.6439 of 2007.
(2.) Gurbachan Singh filed a petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short, "the Act"), seeking immediate possession of one shop forming part of property No.B.XVII.96, Bharat Nagar Chowk, Ludhiana. On a notice having been issued, the petitioner filed an application for leave to defend. This prayer of the petitioners has been declined.
(3.) Mr.Amit Rawal, counsel appearing for the petitioners, has taken me through the pleadings as well as orders passed, to urge that the submissions made by the petitioners have not been properly dealt with or adjudicated by the court of a Rent Controller. The petitioners have raised dispute in regard to the title of Gurbachan Singh etc. on the basis of alleged sale deed. After noticing the submissions made before it, the Court has observed:- "I have gone through the facts and the arguments put forth by the learned counsel of the parties and I am fully agreed with the arguments put forth by the learned counsel for the petitioner. The petitioner has fulfilled all the ingredients needed under Section 13-B of East Punjab Urban Rent Restriction Act and the authorities put forth by the learned counsel for the petitioner, as the respondent has denied the relationship of landlord and tenant, so he can not take benefit under Rent Laws. I have gone through the authorities put forth by the learned counsel for the petitioner i.e. 2003 (2) PLR 371 and 2003 (1) RCR 533 and the same are fully applicable on the facts of the present petition, as the petitioner has given up the ground of non-payment of rent.";