Shanta Rani-tenant of Shop Room No 2 at Guru Amardas Chowk, Model Town, Jalandhar, is the Appellant. The Respondent owns Shop Room No 2 in Guru Amardas Chowk, Model Town, Jalandhar (from now on referred to as ‘the tenanted premises’). Therefore, the Respondent decided to relocate and settle in India and, in furtherance of that idea, decided to seek eviction of the Appellant from the tenanted premises for doing business in readymade garments. The case of the 3 Appellant is that the instant eviction proceedings simultaneously initiated against Shop Room No 1 and tenanted premises (i.e., Shop Room No.2) are unavailable because Shop Room No.1 was let out to a partnership firm, M/s Amrit Lal and Sons, by Rent Note dated 02.05.1994 and the tenanted premises to Amrit Lal s/o Chaman Lal vide Rent Note dated 07.02.1989. 3.2 The Appellant averred that: (a) since the Respondent is a permanent resident of the United Kingdom and has not shifted to India, the petition for eviction through Section 13-B is not maintainable; (b) the relationship of the landlady and the tenant between the Appellant and the tenant is denied; (c) the Ejectment Application under Section 13-B (2) of the Act is not maintainable because an Ejectment Petition was filed concerning Shop Room No 3 under Section 13-B of the Act. The Respondent filed a written reply to the objections raised by the Appellant, and for the view the Rent Controller has taken in the matter, we think that detailed reference to the reply of the Respondent to the grounds raised against the summary eviction petition, is not undertaken. After perusing the passport filed as Annexure-A, the Learned Rent Controller recorded that the Respondent was of Indian origin and is presently holding the passport of the United Kingdom. The Rent Controller, by referring to the cause title, held that the Application is not filed against the dead person, but the Legal Representatives of the deceased are arrayed as parties. Having filed the reply to the summary eviction with the standing shown in the cause title, the Appellant herein ought not to be heard that the petition was filed against a dead person. The Appellant in the High Court, challenged the Order of Eviction on three grounds: firstly, the Application filed in respect of Shop Room No 3 stood dismissed, and S. The High Court 7 recorded a finding that each one of the owners claimed possession on separate grounds and the owner of Shop Room No 2 is not disentitled to file the present application.
Supreme Court Rules on Eviction of Shanta Rani from Tenanted Premises in Guru Amardas Chowk, Model Town, Jalandhar
