FARMERS FORUM CHANDIGARH Vs. RAM LAL

JUDGEMENT

(1.) Ram Lal Gandhi, respondent (Landlord) is the owner of House No. 264, Sector 10A, Chandigarh. He let it out to Farmer's Forum, Punjab (hereafter the Forum), which is stated to be a registered society in 1960. In May, 1979, he filed a petition for ejectment of the Forum and its Assistant Secretary (P. N. Bhatia) under S.13 of the East Punjab Urban Rent Restriction Act (hereafter the Act) on the grounds of personal requirement and for use as office by his son Ashok Kumar Gandhi, who wanted to start practice as a lawyer in Chandigarh. The Forum and its Assistant Secretary (petitioners) resisted the ejectment petition filed against them and objected that the Forum had not been properly sued and further the landlord did not bona fide require the premises for his own occupation or for use as office by his son, Ashok Kumar Gandhi. It was also objected that the house having been let out for use as an office by the Forum could not be got vacated on the ground of personal requirement. The Rent Controller framed the following issues : -

(2.) The Rent Controller vide order dated 29th Mar. 1982, found issues Nos. 1 and 4 in favour of the landlord and the remaining issues against him and, consequently, dismissed his ejectment petition. The landlord filed appeal against the order of the Rent Controller and the Appellate Authority vide order dated 6th Sept. 1982, maintained the finding of the Rent Controller under issue No. 2 but reversed his findings under issues Nos. 3, 5 and 6, which were decided in favour of the landlord. The order of the Rent Controller was consequently set aside and the ejectment petition filed by the landlord allowed. It is against this order of the Appellate Authority that the present revision has been filed by the petitioners.

(3.) The learned counsel for the petitioners has urged the following three points : -