RAM KISHAN Vs. SURJIT KAUR

JUDGEMENT

(1.) THE present revision petition is directed against the order of the Authorities below dismissing their ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, (briefly 'the Act'). The house in dispute was purchased by the petitioner from one Chhaju Ram vide sale-deed dated 9.3.1881, and on purchase, they became the absolute owners of the property in question.

(2.) THE petitioners sought ejectment of the respondent on the ground that they require the premises in dispute for their personal use and occupation and members of their family as well. It was stated in the petition that the petitioners want to educate their children at Ludhiana in a good school.

(3.) THE Authorities below dismissed the ejectment petition after finding that the petitioners have taken a contradictory stand in the pleadings from the one proved on the record. The Authorities below while arriving at this finding, took into consideration that the petitioners have stated in their petition that they want their children to the educated at Ludhiana, and therefore, they must not have been staying at Ludhiana, whereas the evidence brought on record shows that they had never stayed outside Ludhiana, but had been staying in the house belonging to their father.