Sheela Mahajan v. Amarjit Kaur And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CR No. 1842 of 2022 (O & M) Date of decision : 24.8.2022 Sheela Mahajan ......Petitioner Vs.

Amarjit Kaur and others ......Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Sukhdeep Singh, Advocate, for the petitioner --- TRIBHUVAN DAHIYA , J. (Oral) This revision petition has been filed against the judgment dated 28.2.2022, passed by the Appellate Authority, allowing the appeal filed by the respondents/landlord against the order dated 1.3.2019 passed by the Rent Controller, Amritsar, dismissing the petition filed under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, for ejectment of the petitioner/tenant. Learned counsel for the petitioner has argued that respondent No.1 has concealed the material facts in the ejectment petition that she was owner in occupation of other shops in the same building. The fact was not disclosed in the ejectment petition and therefore, for concealment of facts, the petition was liable to be dismissed.

The order passed by the Appellate Authority establishes that the petitioner while filing the rent application has filed site plan Ex.P-3, clearly showing four shops of the demised premises, and ownership of the shops in question was also clearly mentioned therein. Further, in the replication to written statement filed by respondent No.1, also the petitioner has categorically admitted that there are four shops in the building, out of which one is occupied ASHWANI KUMAR 2022.08.29 17:30 I attest to the accuracy and integrity of this document

CR No. 1842 of 2022 (O & M) -2by the respondent and two other were occupied by other persons, i.e., Sonu and Veena.

It is, therefore, apparent that the petitioner has given details of all four shops in the site plan as well as in the replication. There is no concealment of relevant material facts. Once the factum of ownership of other shops stands disclosed by the respondent/landlord, it cannot be termed as concealment of any kind.

No other issue has been raised.

Dismissed.

(TRIBHUVAN DAHIYA) JUDGE 24.8.2022 Ashwani Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No ASHWANI KUMAR 2022.08.29 17:30 I attest to the accuracy and integrity of this document