K D DEWAN Vs. HARBHAJAN S PARIHAR

JUDGEMENT

(1.) This appeal, by special leave, is from the judgment and order of the High Court of Punjab and Haryana in C.R. No. 3791 of 1998 dated April 6, 1999.

(2.) The appellant is the tenant of Suit Premises No. 2235, Ist Floor, Sector 21-C, Chandigarh (for short, 'the Premises') of which one Bhakhtawar Singh was said to be the owner. The father of the respondent, Bagicha Singh, inducted the appellant into possession of the premises in 1965. The respondent was paying rent to him till his death in 1976. Thereafter, the appellant has been paying the rent to the respondent. On the ground that he required the premises for his own occupation the respondent filed Rent Application No. 231/1996 under S. 13(3)(a) of the East Punjab Urban Rent Restriction Act, 1949 (for short, 'the Act'). The appellant denied that the relationship between him and the respondent was that of the tenant and the landlord and further denied that the respondent required the premises for his personal occupation.

(3.) On considering the evidence produced by both the sides, the learned Rent Controller found that the relationship of landlord and tenant existed between the respondent and the appellant; it was also found that the respondent satisfied the requirement of clause (a) of sub-section (3) of Section 13 of the Act. Accordingly, the learned Rent Controller ordered eviction of the appellant on September 25, 1997. He unsuccessfully challenged that order before the Appellate Authority, Chandigarh, who dismissed the appeal on July 27, 1998. The appellant then carried the matter before the High Court of Punjab and Haryana by filing Civil Revision No. 3791 of 1998 which was dismissed on April 6, 1999. It is the validity of that order that is challenged in this appeal.