ANIL KUMAR SOOD Vs. SUBHASH CHANDER KAPILA

JUDGEMENT

(1.) The tenant has filed the instant revision against the order of eviction dated 3.3.2011, passed by learned. Rent Controller, Ambala in a petition for eviction sought by the respondent as a specified landlord in terms of (for short 'the Act'), in respect of the demised premises comprising of a portion of House No. 4322, situated opposite B.D. High School, Punjabi Mohalla, Sadar Bazar, Ambala Cantt/Ambala Sadar. The respondent retired as Inspector from the office of Additional Commissioner of Income Tax, Ambala Range, Ambala on 28.2.2006 and thus, entitled to invoke the provisions of Section 13-A(1-A) of the Act. The eviction petition was filed on 23.2.2007 i.e. within one year of his retirement.

(2.) The demised premises was initially rented out to the petitioner vide rent note dated 9.10.1994 (Ex. P-1) @ Rs. 1000/- per month with annual increase @ 7%, for residential purposes by Janesh Kumar Arora the previous owner of house in question. The house was purchased from the previous owner by respondent-Subhash Chander Kapila and his brothers, namely; Mahesh Kapila, Sanjeev Kapila sons of Ram Rakha, Ashish Kapila S/o. Late Upender Kapila S/o. Ram Rakha and Aditya Kapila S/o. Subhash Kapila-respondent, vide sale deed dated 23.7.2004 Ex. P-5/1. As per the sale deed the house comprised of the residential portions as well as four shops, out of which two shops were already on rent with the purchasers and the other two shops were rented out to Chaman Lal Gulati and Ishwar Singh. This sale deed would also show that on the rear portion of property No. 4322 the premises comprising of two rooms, kitchen, bathroom and toilet was on rent with the petitioner vide rent note dated 9.10.1994 (Ex. P-1) for residential purposes on a monthly rent of Rs. 1600/- per month. The site plan of the premises is Ex. P-6/1 which consists of the aforesaid accommodation, for which the petition for eviction was filed on 23.2.2007. The respondent claimed that the demised premises is required for his own use and for his son Aditya Kapila who was a handicap person.

(3.) The material allegation on which the instant revision centers round is that the respondent-landlord was residing in House No. 6-B, Gobind Nagar, Ambala Cantt. which is owned by his son Amit Kapila. The respondent was residing in that house as a licensee of his son. Amit Kapila was in occupation of one room of the aforesaid house. It was further stated that there is House No. 53, Ahluwalia Building, Ambala Cantt. owned by Ram Rakha Kapila, father of the respondent, which was inherited by his four sons and that house was in occupation of family of Late Upender Kapila and Mahesh Kapila. It was further alleged that first floor of House No. 4322, Punjabi Mohalla, Ambala Cantt. is in occupation of Sanjeev Kapila who is residing with his family. The accommodation where the respondent-landlord is residing is House No. 6-B, Gobind Nagar, Ambala Cantt. is otherwise insufficient for his requirement and that of his son, therefore, the respondent wanted to shift to his own house i.e. the rented premises. The controversy basically is confined to the plea taken in para 5 of the eviction petition that the respondent is not occupying any other residential building in the Urban Area of Ambala Cantt./Ambala Sadar sufficient to meet his requirements nor he has vacated any such building without sufficient cause after the commencement of the East Punjab Urban Rent Restriction Act, 1949 in the said Urban Area.