JAI RAM Vs. RAM PARTAP

JUDGEMENT

(1.) SOME of the facts giving rise to this petition for revision of the order passed by the Appellate Authority, Hissair, on the 9th of March, 1973, are not in dispute and may be stated at the outset. The petitioner before me entered into the residential building in dispute, which is situated at Sirsa, as a tenant under one Nand Lal en the 31st of August, 1957, the rate of rent agreed upon by the two of them being Rs. 25/ - per month. On the 18th of May, 1971 the respondent purchased the said building from Nand Lal abovementioned and became the landlord qua the petitioner who had by then become a "statutory tenant" therein. A little less than two months before that, i.e., on the 29th of March 1971, the respondent and his brother Kirpa Ram sold for Rs. 40,000/ - a shop situated in Sirsa wherein they had teen residing till then along with their father. They vacated the shop and the respondent purchased a house in Sirsa in which he took up his residence and is living now with his wife and two sons. That house consists of a courtyard and a room hiving the dimensions 20' x 13' and divided into two by an arch. In plan Exhibit A.I. that house in shown to the west of the house of Atma Ram Sethi and the east of the house of Shri Radha Kishan, while the building in dispute is shown in red and consists of a room having the dimensions 16'X 8', 9", another room having the dimensions 20' x 11', a store having the dimensions 8' x 9' a kitchen, a verandah, a shed and a courtyard. The built area of the building in dispute is roughly double of that which is available to the respondent in the house at present occupied by him.

(2.) ON the 24th of June, 1971, the respondent instituted an application under section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) praying for the ejectment of the petitioner from the building in dispute on the following two grounds :

(3.) MR . Kaushal has urged that the respondent cannot evict the petitioner from the building in dispute inasmuch as he (the respondent) does not fulfil the conditions laid down in that behalf by section 13(3)(i) of the Act. Those conditions are :