High Court of Punjab and HaryanaCR/388/2017dismissed

Sham Lal And ORS. v. Kuldeep Kaur

2017-07-11Mr. Justice S.P. Bangarh2 pages

CR 388/2017(O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR 388/2017(O&M) Date of decision:11.07.2017 Sham Lal and others ..............Petitioners v.

Kuldeep Kaur ..............Respondent Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Karan Bhardwaj,Advocate for the petitioners/tenants Jaswant Singh,J,(Oral).

Tenants are in revision against the concurrent findings recorded by the Rent Controller,Jalandhar vide order dated 30.1.2016 as well as Appellate Authority's order dated 26.9.2016 regarding nonpayment of rent w.e.f. 1.6.2001 @ Rs.60/- per month for the demised premises i.e. shop no.3 forming part of property bearing No.6,Mandi Road,Jalandhar at ground floor as per site plan shown in the rent application. Consequently, eviction has been ordered. Counsel for the petitioners heard at length.

The landlady had filed the eviction petition on the ground of sub-letting and non-payment of rent w.e.f. 1.6.2001 till the date of filing of rent application on 2.6.2014. Concededly, the petitioner denied the relationship of tenant and landlady resulting into non-grant of time even for clearing the arrears of rent by the Rent Controller vide Rajinder Parshad Joshi 2017.07.11 18:09 I attest to the accuracy and integrity of this document

CR 388/2017(O&M) judgment dated 30.1.2016. Findings have been rightly affirmed by the Appellate Authority.

Argument that arrears of rent w.e.f. 1.5.1992 till 30.3.2001 had been cleared in the previous rent application seeking eviction has no bearing on the merits of the present case as the period involved concededly is prior in time than the one claimed in the present petition. It is settled law that in case of concurrent findings the scope of revision is extremely restricted and the present case does not fall within the scope of revisional jurisdiction.

Dismissed.

11.07.2017 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2017.07.11 18:09 I attest to the accuracy and integrity of this document