KAMAL ARORA Vs. AMAR SINGH AND ANR.

JUDGEMENT

(1.) THE tenant -Petitioner has filed this revision against the order of the Appellate Authority, Chandigarh, dated 25th April, 1979, whereby the order of the Rent Controller, dismissing the application for ejectment has been set aside and the tenant has been directed to vacate the premises.

(2.) SARVSHRI Amar Singh and Jagdish Singh claimed to be owners and landlords of House No. 193, Sector 19 -A, situated in Chandigarh. This house was let out to Kamal Arora at monthly rent of Rs. 550/ - exclusive of water and electricity charges. Earlier, the house was given to Avinash Arora, brother of Kamal Arora, tenant -Petitioner for residential purposes. The ejectment is being claimed on the ground that the house was required by the landlords for their own use and occupation and secondly that the house was let out only for residential purposes but the tenant was running school and college in the tenanted premises and therefore, the building has been used for a purpose other than that for which it was leased. The application was contested by the tenant. In the written statement it was denied for want of knowledge that the landlords were the owners of the house. However, it was admitted that they had let out the premises at a monthly rental rate of Rs. 550/ - exclusive of water and electricity charges but it was rented for non -residential purposes i.e. for running of school and college. It was further pleaded that he had been using the same for such non -residential purpose by running an institution known as Tagore Niketan College from the very beginning. It was further pleaded that since the building was let out for nonresidential purposes and the same was being used for such purposes, the ground of personal necessity was not available to the landlords for eviction of the tenant. However, on the pleadings of the parties, the Rent Controller framed the following issues:

(3.) RELIEF .