JAGMOHAN SINGH Vs. SANJEEV KUMAR SYAL

JUDGEMENT

(1.) THIS a landlord's revision, who remained unsuccessful both before the Rent Controller and the appellate authority, and has given challenge to the order of the appellate authority who dismissed the appeal of the petitioner u/s 15 of the East Punjab Urban Rent Restriction Act.

(2.) THE brief facts of the case are that the case set up by the petitioner is that he is landlord/owner of the premises in dispute and the respondent is a tenant at the rate of Rs. 525/- per month. The ejectment of the tenant was sought on the ground of non-payment of rent and personal necessity. Elaborating his personal necessity, the petitioner alleged in his petition u/s 13 of the Act that there are four members in his family. His father is also residing with him. He has two grown up school going children. He himself is permanently handicapped. One of his legs is affected by polio and he is moving with the help of crutches. He has been declared permanently disabled by the doctor. At present, he is residing in a rented accommodation and is paying rent at the rate of Rs. 1,200/- per month and it is not possible for him to live in that rented house and he is in dire necessity of his own house. He does not own any other house or land in India except the house in dispute. He is not occupying any other building in the urban area concerned nor he has vacated any such building without any sufficient cause and ground, since the commencement of the Act.

(3.) A rejoinder was also filed to the written statement by the petitioner in which he controverted the allegations of the written statement by re-iterating those made in the rent petition and on the above pleadings of the parties, the learned Rent Controller framed the following issues for the disposal of the rent petition :-