MOTI LAL GAUR Vs. AMRIT LAL CHAUHAN

JUDGEMENT

(1.) THIS revision petition is against the order of Rent Controller dated 29-5-1989 whereby the petitioner's application under Section 13-A of the East Punjab Urban Rent Restriction Act (for short 'the Act') was dismissed.

(2.) BRIEFLY put, the petitioner filed ejectment application under Section 13-A of the Act against the respondent on the ground that he is the owner/landlord of the disputed premises ; that he has retired from the railway department on 18-3-1988 and requires the premises in dispute for his own occupation. The petitioner further stated that the house bearing No. 185--subjecc matter of the eviction application-was earlier owned by his father Sh. Piyare Lal. On his death, lie, his brother Bal Krishan and his sister Prem have inherited the property. It was further stated that presently the petitioner and his brother are in possession of one room, one store and one chobara out of house No. 185, whereas the respondent is in possession of one room, kitchen-cum-store, common v]arandah and a courtyard. The petitioner further stated that other co-owners of house No. 185, namely, his brother Bal Krishan and sister Prem, have consented to the filing of the present petition.

(3.) THE respondent put in appearance and sought permission of the Court to contest the petition which was granted by the Court vide order dated 7-9-1988. By way of reply, the respondent controverted the various submissions made in the application.