SHANTI MOHANT Vs. KRISHNA DEVI

JUDGEMENT

(1.) THIS judgment will dispose of civil revision filed by Shanti Mohant and Gajjan along with the application under Order 41 Rule 27 C.P.C. The civil revision has been directed against the judgment dated 7.3.200 passed by the Appellate Authority, exercising the powers under East Punjab Urban Rent Restriction Act (hereinafter referred to as 'the Act'), Hoshiarpur, which affirmed the order of the learned Rent Controller dated 12.2.1998 vide which the petition under Section 13 of the Act filed by Krishna Devi was allowed and the petitioners were directed to vacate the demised premises.

(2.) THE brief facts of the case are that Krishna Devi filed a petition under Section 13 of the Act for ejectment of Shanti Mohant and Gajjan (respondents No. 1 and 2 respectively in the rent petition) from the house in dispute. It was averred by the petitioner in the petition that she is owner of the house in dispute while respondent No. 1 is a tenant under her on a monthly rent of Rs. 200/- and respondent No. 2 was inducted by respondent No. 1 in the said house illegally. The petitioner sought the ejectment of the respondents on the grounds that they have not paid or tendered the rent since December, 1992; that she is a retired BBMB employee and requires the premises in dispute for her bonafide personal necessity as she is not owning any other house in the municipal limits of Tanda while respondents have their own house in Ward No. 9, Mohalla Ramgarh (Tanda); that the petitioner is presently residing with her family in house No. 1170, Sector 4, Talwara Township with Som Nath, who is a BBMB employee and is her relative, since her retirement; that she has no other house except the house in dispute in the municipal limit of Tanda or any other place in the State of Punjab and that the respondents have impaired the value and utility of the house in dispute and have damaged the building by their act of omission and commission. It was also alleged by the petitioner that she has not vacated or occupied any other house within one year from the date of filing of the present petition.

(3.) FROM the pleadings of the parties, following issues were framed by the learned Rent Controller :-