(1.) Respondent had filed petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 seeking ejectment of the petitioner from the premises in question. Case of the respondent, in brief, was that she was presently residing in England and the petitioner-tenant was liable to be evicted as the premises in question was required by her for her own use and occupation. Children of respondent were settled in England. Respondent or her family members or her children had to visit to India once or twice in a year to meet their relatives and the respondent required the premises in question for her personal use.
(2.) Petitioner, in his written statement, averred that the first floor of the premises in question had been got vacated by the respondent and the same could be used by the respondent for herself and her family members. Respondent did not require the ground floor, which was in possession of the petitioner, for her personal use and occupation.
(3.) On the pleadings of the parties, following issues were framed by the Rent Controller.