RANDHIR SINGH Vs. SUDESH KUMAR

JUDGEMENT

(1.) THIS is tenant's petition filed under Section 15(5) of the East Punjab Rent Restriction Act, 1949 challenging concurrent findings of facts recorded by both the Courts below holding that there is a relationship of landlord and tenant between the parties because the landlord-respondent had purchased the tenanted premises from the earlier landlord, namely, Om Parkash son of Chhote Lal. It has also been held that the landlord-respondent is in personal need and bona fide requires the demised premises for his own use and occupation.

(2.) THE view of the Appellate Authority is evident from the perusal of paragraphs 10 and 11 of its order which record the findings that the tenant had admitted the filing of other ejectment petitions by the landlord- respondent against every other tenant in respect of the demised premises i.e. House No. 74, Khatik Mandi, Jalandhar Cantt. It has further been concluded that the family of the landlord-respondent was big enough and the accommodation available to his family was not sufficient. He required sufficient accommodation for himself and his family to live peacefully and comfortably. The plea that the landlord-respondent was not infact the landlord, as the property has been purchased by him vide registered sale deed Ex. P/2 from Om Parkash son of Samaya Ram, has been rejected by both the Courts below. The view of the Appellate Authority is well reasoned as is discernible from the following extracts of para 11 :-

(3.) FOR the reasons recorded above, this petition fails and the same is dismissed. Petition dismissed.