DARSHAN SINGH Vs. PURAN CHAND

JUDGEMENT

(1.) This judgment will dispose of two petitions Civil Revision No. 2297 and 2298 of 1979 as they involve common questions of fact and law.

(2.) Puran Chand respondent landlord of the premises in dispute, filed two applications under section 13 of the East Punjab Urban Rent Restriction Act, 1949 against Darshan Singh and Smt. Tej Bibi petitioners for their ejectment from the premises in dispute on the grounds of non-payment of rent and personal requirement. It was pleaded in the applications that he has eleven family members and the accommodation in his possession which consisted of only three living rooms was insufficient for his needs. The tenants on appearance paid the arrears of rent on their first appearance and, therefore, the ground of non-payment of rent is no more relevant. The ground of personal necessity was controverted by the tenants and it was pleaded that the applications have been made with mala fide intention to increase the rent.

(3.) The Rent Controller, after recording the evidence of the parties, found that though the landlord in possession of two rooms apart from three living rooms but those were being used for storing the fodder for the she-buffaloes which were a source of livelihood for the landlord and that the three rooms in possession of the landlord were insufficient for the requirement of his family which consisted of eleven members. Consequently, the plea of the landlord that he required the premises in dispute for personal need was upheld and the ejectment of the tenants ordered. The findings of the Rent Controller were confirmed, on appeal, by the Appellate Authority and the appeals filed by the tenants dismissed vide order dated August 22, 1979. Still dissatisfied, the tenants have come up to this Court by way of these petitions under Section 15 of the said Act.