RAJ RANI THAKUR Vs. RAMESH JINDAL

JUDGEMENT

(1.) Petitioner(tenant) is in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) against the findings returned by the Authorities below, whereby her eviction has been ordered under Section 13-A of the Act by the learned Rent Controller, Chandigarh vide order dated 14.09.2012 and the findings thereof have been affirmed by the learned Appellate Authority, Chandigarh vide its judgment dated 21.08.2013. The respondent (landlord) had sought eviction of the tenant from the demised premises on the ground that Dr. Ramesh Kumar Jindal became the owner of the property vide transfer deed executed by his wife on 4.3.2009. It was averred that since he is working as a Medical Officer with the Chandigarh Administration in Government Office, Sector 8, Chandigarh on deputation from Punjab Government and is going to retire on 31.08.2009, therefore, he requires the premises for his own use and occupation after retirement. Thus petition was preferred under Section 13A of the Act.

(2.) Upon notice, petitioner (tenant) denied the necessity as well as the fact that the petition was maintainable under Section 13A of the Act. It was stated that transfer deed is sham and only a device to get the property vacated from the petitioner herein.

(3.) From the pleadings of the parties issues were framed. Both sides lead their evidence in support of their respective claims and after appreciating their evidence learned Rent Controller allowed the petition and the findings thereof were affirmed by the learned Appellate Authority. Hence the present revision petition.