PARVEEN SAHAI Vs. SALIM AHMED

JUDGEMENT

(1.) CM No. 31349-CII of 2012 has been filed under Section 151 CPC by petitioner (tenant) seeking permission to place on record the rejoinder by way of affidavit along with photograph (Annexure A-5) to the reply filed by the respondent (landlord) in order to clarify the facts. In view of the contents of the application, duly supported by affidavit of one of the LR of petitioner (tenant), the CM is allowed and rejoinder by way of affidavit to the reply filed by the respondent (landlord) is taken on record.

(2.) Lrs of Surjit Kumar Sahai, petitioner (tenant) are in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) against the concurrent findings returned by both the courts below, whereby petition filed by respondent (landlord) Salim Ahmed for eviction of tenant Surjit Kumar Sahai from demised premises i.e. ground floor of House No. 1891, Sector 22-B, Chandigarh, on the ground of bona fide requirement was allowed by the Rent Controller, Chandigarh vide order dated 15.09.2009 and the findings thereof were affirmed by learned Appellate Authority, Chandigarh vide its judgment dated 03.12.2011.

(3.) In brief, facts of the case are that respondent (landlord) Salim Ahmed sought ejectment of the tenant Surjit Kumar Sahai (since deceased) on the ground of non payment of arrears of rent as well as on the ground of bona fide requirement of himself as well as his sons. It was mentioned that the family of petitioner comprises of his wife, one married son and one unmarried son. The premises in which they are residing is small for their accommodation and the demised premises is required so that the entire family can accommodate properly as the sons are now old and the premises which they are occupying is not sufficient to accommodate the increasing family of the respondent (landlord).