UDHO RAM Vs. SWARAN KANTA

JUDGEMENT

(1.) The tenant is in revision against order of ejectment passed by the Rent Controller, Ludhiana dated 11/08/1990 u/S.13-A of the East Punjab Urban Rent Restriction Act (as amended) hereinafter referred to as 'the Act') while declining leave to the tenant to contest ejectment application.

(2.) House No.B.IX-2 (old) / B-X.752(new) situated at Ludhiana was an evacuee property. It was transferred to Bhagwan Das who was also owner of another house No.8/BIX. He left behind a Will dated 3/01/1963. Under the will on his death the present petitioner Swaran Kanta became the exclusive owner of property number B.IX-8, which is in dispute. The other house went to Harnam Das.

(3.) Swaran Kanta let out the house in dispute consisting of one shop room on the ground floor and residential house on the first floor to Udho Ram on a monthly rent of Rs. 50.00 on 23/01/1974. The ground floor was to be used as a shop and the first floor as a residence. The entire property initially was a residential and the ground floor was a baithak (sitting room). No permission of the Rent Controller was taken to convert the nature of the property to be non-residential. For all intents and purposes the building in dispute remained residential. Swaran Kanta got employment as teacher and remained posted out of Ludhiana. She alleged that she was due to retire on 31/05/1990. She being a specified landlord as defined under the amended Act, she produced a certificate with regard to the date of her retirement. She was residing in village Nagar. After retirement she was to live in Ludhiana in her own house. Thus she bona fide needed the house for personal use and occupation.