P.L. CHOPRA Vs. ARUN AGGARWAL

JUDGEMENT

(1.) THIS is revision filed by the tenant (P.L. Chopra) against the order of Appellate Authority, Chandigarh dated 23.1.2002 setting aside that of Rent Controller, Chandigarh dated 29.8.2000 whereby the Rent Controller had dismissed the respondent-landlord's (Arun Aggarwal) petition for ejectment filed by him under section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act).

(2.) ARUN Aggarwal landlord filed application for ejectment against P.L. Chopra tenant under Section 13 of the Act whereby he sought his ejectment from the entire top floor No. 46, Sector 21-A, Chandigarh. It was alleged by him that he is the owner/landlord of this house. He purchased this house by registered sale deed dated 6.2.1997. At the time when he purchased this house, it was in possession of number of tenants named S.P. Chauhan, R.D. Sharma, K.K. Sharma. V.P. Malhotra, Sheela Rani, Sat Pal and P.L. Chopra. He got possession of one room from Sat Pal in the execution of ejectment order which had been obtained by his predecessor-in-title against him (Sat Pal). After the purchase of the house, he requested all the tenants to vacate the house as it is required by him for his own use and occupation. Shri S.P. Chauhan readily obliged him and vacated two rooms and kitchen on the ground floor, other tenants, however, prevaricated and did not vacate. Some of the tenants promised that they would vacate by the end of April, 1998. He did not file ejectment applications against them in the hope that they would vacate by the end of April, 1998 and if they failed to vacate, he would file ejectment applications against them after April, 1998. As far as P.L. Chopra. is concerned he is tenant on the entire top floor at a rental of Rs. 250/- p.m. He is in arrears of rent with effect from 1.1.1997. Landlord's family consists of himself his wife two children Akhil son aged 6 years studying in class 1, Kunal son aged 3 years, At present he is residing with his father in a rented accomodation on the first floor of House No. 3347, Sector 21-D, Chandigarh. The said accommodation consists of 3 rooms, kitchen latrine, bath front and back verandah glazed. Along with his family, his father and mother are also residing. His one brother Gulshan Kumar who is also married, shifted from the said rented accommodation to another rented accommodation in Sector 32 because he was feeling scarcity of accommodation. It is alleged that with the accommodation in house No. 3347, Sector 21-D, Chandigarh with him where his father is also residing he is feeling paucity of accommodation for himself and the members of his family. In House No. 3347, there is no separate room for his children, House No. 48, Sector 21-A is built on 10 marla plot upto 2-1/2 storey. Ground floor consists of 4 rooms, kitchen, latrine and bath. Similar accommodation is there on the first floor. Top floor consists of 2 rooms, latrine, bath and one temporary store and one kitchen has been built by the tenant. At the moment, he (landlord) is in possession of 2 rooms, kitchen on the ground floor vacated by Shri S.P. Chauhan and one room on the first floor vacated by Shri Sat Pal in execution filed against him. The present accommodation in his possession is neither suitable nor sufficient and he is unable to shift to the said accommodation. Also the said accommodation is not in compact form.

(3.) VIDE order dated 29.8.2000, Rent Controller dismissed the ejectment application. Landlord's appeal was allowed by the Appellate Authority vide order dated 23.1.2002. Hence this revision by the tenant.