SMT. PUSHPA SHARMA Vs. SAT PAL

JUDGEMENT

(1.) The present revision petition filed under Section 15(5) of the East Punjab Urban Rent Restrict Act, 1949 (as applicable to Chandigarh) (in short 'the Act') has been filed by the petitioner-landlord against the judgment dated 26.07.2010 of the Appellate Authority, Chandigarh which had allowed the appeal of the tenant and dismissed the eviction petition. The reason for dismissal was that the ground of eviction that the tenant had ceased to occupy could not be proved since there was no proof that there was no electricity consumption in the premises in question. It was accordingly held that since the landlord had not proved the factum of ceasing to occupy the building for a continuous period of four months without reasonable cause which was the requirement of the provision, the findings recorded by the Rent Controller were not justified and were accordingly reversed.

(2.) A perusal of the paper book would go on to show that the petitioner-landlord filed the eviction petition under Section 13 of the Act on the ground of non-payment of arrears of rent, the tenant had ceased to occupy the demised premises continuously for a period of more than 4 months and that the premises were required for own use and occupation.

(3.) The case of the landlord was that he was the owner of the premises consisting of a drawing room-cum-dining room which had been converted into two rooms by means of a wooden partition and one kitchen and toilet of H.No. 2886, Sector 38-C, Chandigarh, which was a single storey house. The premises had been let out @ 1,250/- per month after excluding electricity and water charges which were to be borne equally by the parties and that premises could not be sub-let and landlord had provided one sofa set, two fans. The arrears were claimed from March, 1997 till the date of filing i.e. 04.02.1999 @ 1,250/- and @ 750/- per month for earlier period from 01.01.1996 to 02.02.1997 as tender had been made short in the earlier proceedings.