OM PARKASH TULI Vs. VIDYA BHUSHAN NAGAR

JUDGEMENT

(1.) OM Parkash Tuli, petitioner-landlord filed a petition under Section 13-A of the East Punjab Urban Rent Restriction Act (hereinafter referred to as the Act) for ejectment of the respondent-tenant from the premises in dispute on the ground that he was serving in the Food Corporation of India at Delhi and has retired from service on 30-11-1983. In his ejectment application he has stated that he intends to settle down at Jalandhar and the premises in dispute are required by him for his own use and occupation and for the occupation of his other family members. He further stated that he has seven daughters and two sons. One of his sons and three daughters are married while the other children are unmarried. Three of the children are school going and they need separate accommodation of their studies. Certificate issued by the Food Corporation of India dated 7-5-1986 showing that he had retired from service with effect from 30-11-1983 along with an affidavit duly attested was attached with the plaint. He also stated that he does not own or possess any residential building in the urban area of Jalandhar except the house in dispute and has not vacated any residential accommodation in the urban area of Jalandhar after the commencement of the Act.

(2.) THE tenant-respondent filed an application seeking leave to defend the petitioner. Learned Rent Controller granted leave to the tenant to defend the petition. In pursuance thereof the tenant filed written statement contesting the petition on the ground that the petitioner is not a specified landlord as the employees working in the Food Corporation of India are not covered by the definition of specified landlord. It was also denied that the premises are required by the landlord for his personal use and occupation.

(3.) PARTIES to the petition led evidence in support of their case.