JAGJIWAN SHARMA Vs. JASWANT KAUR SEHMI

JUDGEMENT

(1.) Petition herein is for setting aside order dtd. 30/11/2022 passed by learned Rent Controller, Chandigarh whereby eviction petition filed by respondent herein under Sec. 13B of the East Punjab Urban Rent Restriction Act, 1949 was allowed and petitioner was directed to vacate demised premises, i.e. ground floor of House No.2195, Sector 21-C, Chandigarh and handover its physical and vacant possession to respondent within a period of one month from date of order.

(2.) Brief recitals, as pleaded in the petition are that petitioner is a senior citizen aged about 80 years. He had joined Indian Army Emergency Commission in 1963 and took premature retirement in 1967 as a Major. His wife, who was working with PNB, died on 2/11/2003.Petitioner is dependent upon family pension of his wife. Since 27/11/1982, petitioner is in occupation of 3 bedrooms, 1 drawing room-cum-dining room, a kitchen and 2 bathrooms on ground floor of House No.2195, Sector 21, Chandigarh. Respondent-landlord is a resident of England since years. Earlier she filed eviction petition against another tenant on 2nd floor, namely Anil Kumar Ghai, which was dismissed on 18/9/2007. Appeal against said order was also dismissed on 20/1/2011 vide judgment (Annexure P-1). After a period of three years, she again filed two eviction petitions (Annexures P-2 and P-3) on 14/11/2014 against petitioner and Anil Kumar Ghai. Petitioner as well as Anil Kumar Ghai filed applications to leave to defend. Application by petitioner was dismissed, but application by Anil Kumar Ghai was allowed. Petitioner/landlady preferred CR-15789-2016, which was allowed vide order dtd. 10/5/2018 (Annexure P-4). During this period, second eviction petition filed against Anil Kumar Ghai was dismissed vide order dtd. 19/2/2018 (Annexure P-5). Petitioner filed written statement to the eviction petition. An application under Order VI Rule 17 of Code of Civil Procedure, 1908 (for short 'CPC') was filed by the respondent for amendment of pleadings. Learned Rent Controller vide order dtd. 19/8/2019 (Annexure P-11) allowed the said application. 2.1 Petitioner approached this Court by way of CR-5881-2019 against aforesaid order, which was dismissed for non-prosecution. Thereafter, vide impugned order dtd. 30/11/2022, learned Rent Controller allowed eviction petition filed by respondent/landlady and directed the petitioner to vacate premises in question.

(3.) Impugned order dtd. 30/11/2022 passed by learned Rent Controller, Chandigarh is premised, inter alia, on the following reasoning: