LT COL ANUP SINGH Vs. G D SURI

JUDGEMENT

(1.) The petitioner is the owner of house No. 4, Sector 16-A, Chandigarh, the ground floor of which is in occupation of the respondent as a tenant. The petitioner filed a petition for ejectment against the respondent on June 14, 1976, on the grounds (1) non-payment of arrears of rent (2) the respondent was using the premises for running a school whereas it has been let out for residential purpose with the result that he had changed the user of the house from residential to commercial purpose and has further impaired its utility and (3) the petitioner requires the premises for his own use and occupation. The respondent contested the proceedings.

(2.) Issue No. 2 was not pressed before the Rent Controller with the result that issue No. 1 also stood rendered redundant. Issues Nos. 3, 4 and 6 were also not pressed. It was held under issue No. 5 that the petitioner had failed to establish that he bonafide required the premises in dispute for his own use and occupation or for the use of his family members. The Rent Controller vide order dated October 25, 1978, consequently dismissed the ejectment petition. The petitioner preferred an appeal against the order of the Rent Controller which was dismissed vide order dated August 27, 1979. It is under these circumstances that the present revision has been filed.

(3.) The only ground which survives for seeking ejectment of the respondent is the personal requirement of the petitioner and his family members. It is admitted that the house in dispute is constructed in 10 Marlas area. It was in occupation of M.E.S. till 1968. The petitioner was an Officer in the Army. He retired in 1968. He got the house in dispute vacated from the M.E.S. for his personal use. He did occupy the first floor of the house in 1968 an simultaneously let out the ground floor to the respondent. The petitioner has two sons one of them is in the Army and the other in the Navy. After shifting to Chandigarh the petitioner and his son constructed house No. 588 in Sector 10. After this house was completed, the petitioner shifted there and vacated the first floor of house No. 4, Sector 16-A, Chandigarh. The first floor was also let out to another tenant, House No. 588, Sector 10, is in the name of Major G.S. Sandhu, son of the petitioner, Major G.S. Sandhu is stated to be posted outside Chandigarh. His wife and two minor children live therein along with the petitioner and his wife. The second son of the petitioner who is in the Navy is posted at Bombay. According to the learned counsel for the petitioner in House No. 588, Sector 10, because no residential accommodation has been allotted to him at Bombay.