VIDYA DEVI Vs. PREM SUDESH

JUDGEMENT

(1.) This is tenants revision petition, challenging the order dated 11.1.2012 of the Rent Controller, Mukerian, whereby she has been ordered to be evicted from the demised premises in an ejectment petition filed under Section 13A of the East Punjab Urban Rent Restriction Act (for short, "the Act"), accepting the bona fide requirement of the respondent-landlady who had claimed eviction being a specified landlady. Suffice is to say that the respondent-landlady filed an instant ejectment petition against the petitioner, claiming that she was the owner of the property in dispute which is a residential house. She is to retire from service on 30.11.2006 and was entitled to the benefits of Section 13A of the Act. Husband of the petitioner is a retired Professor without pension and is residing at Mukerian in a rented accommodation and thus, the petitioner intends to reside in the house in dispute after her retirement and the respondent-landlady is entitled to the possession of the residential building in dispute. Hence the petition.

(2.) Upon notice, the petitioner-tenant filed her reply, admitting that the respondent was owner of the house in dispute. The relationship of landlord and tenant was also admitted. However, the other averments with regard to need of the respondent-landlord and that she was specified landlord were denied.

(3.) On the basis of the averments made and considering the evidence on record, following issues were framed:-