RATTAN LAL Vs. PREM SAGAR ALIAS PREM CHAND

JUDGEMENT

(1.) THIS is a landlords' revision petition and has been directed against the judgment dated 19th September, 1981 passed by the Court of Appellate Authority, Ludhiana, who allowed the appeal of Shri Prem Sagar by reversing the finding of the learned Rent Controller on two issues and dismissed and ejectment application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act').

(2.) THE brief facts of the case are that Shri Sohan Lal is the father of Shri Rattan Lal. They were applicants before the Rent Controller. They jointly filed an ejectment application against Shri Prem Sagar seeking ejectment from the demised premises which is H.H. No. 224 situated in Ward No. 10, Mata Rani Mohalla, Khanna. It was alleged that applicant No. 1 Shri Rattan Lal is the owner of the house in dispute and this house was taken on rent by Shri Prem Sagar from applicant No. 2 Shri Sohan Lal who is the father of applicant No. 1 at the monthly rent of Rs. 150/- in February 1968. At that time applicant No. 1 Shri Rattan Lal was a minor. Now he has become major. Therefore, he is entitled to recover the rent from respondent Shri Prem Sagar. The ejectment of the tenant was sought on the ground that the tenant has not paid the house tax; the house in question is required by applicant No. 1 Rattan Lal for his personal use and occupation and he wants to shift to Khanna to do his business. It was also alleged that applicant No. 1 and applicant No. 2 are not occupying any residential building nor they have vacated any such building within the Municipal Limits of Khanna after coming into force the said Act.

(3.) FROM the pleadings of the parties, the learned trial Court/Rent Controller framed the following issues :