Punjab-Haryana High Court
B.R.Academy vs Surjit Singh Basra (Deceased) Through ... on 13 February, 2014
Author: Sabina
Bench: Sabina
Civil Revision No. 6381 of 2007 (O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 6381 of 2007 (O&M)
Date of Decision: 13.2.2014.
B.R.Academy .......Petitioner
Versus
Surjit Singh Basra (deceased) through LRs .......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Hitesh Kaplish, Advocate
for the petitioner.
Mr. M.S.Rakkar, Senior Advocate with
Mr. J.S.Virk, Advocate
for the respondents.
****
SABINA, J.
Respondent had filed the ejectment petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 seeking ejectment of the petitioner from the premises in question. Rent Controller vide order dated 26.9.2007 allowed the ejectment petition. Hence, the present petition by the petitioner-tenant.
During the course of arguments, it has transpired that the landlord has since died. Legal heirs of the landlord have been brought on record. Wife of the landlord has given an affidavit that she would run the business in the premises in question. In these circumstances, it would be just and expedient to allow this petition and remand the case to the Rent Controller to decide the matter afresh in view of change in circumstances.
Accordingly, this petition is allowed. Impugned order dated 26.9.2007 is set aside. Trial Court is directed to dispose of Singh Gurpreet 2014.02.18 11:04 I attest to the accuracy and integrity of this document chandigarh Civil Revision No. 6381 of 2007 (O&M) -2- the matter afresh. Parties are directed to appear before the Rent Controller on 15.3.2014.
(SABINA) JUDGE February 13, 2014 Gurpreet Singh Gurpreet 2014.02.18 11:04 I attest to the accuracy and integrity of this document chandigarh