OM PARKASH Vs. RAM SARUP

JUDGEMENT

(1.) THIS is tenants' petition against whom ejectment application was dismissed by the Rent Controller, but eviction order was passed in appeal.

(2.) RAM Sarup claiming g himself to be the owner and landlord of the building in dispute, i.e. House No. 1586 Sector 22-B, Chandigarh, sought the ejectment of the tenants, who are his nephews in relation. It was alleged that the tenants are living on the first floor and Barsati floor of the said house as tenants at a rent of Rs. 250/- p.m. They were also in arrears of rent, w.e.f. Ist February, 1980 to 30th September, 1980. The ejectment application was filed on 6th October, 1980. He sought the eviction primarily on the grounds of non-payment of arrears of rent as such, as well as claimed that he was to accommodate his wife, himself, his eldest son and his wife alongwith three children, and two other grown up sons of marriageable age and so required the premises for his personal use and occupation.

(3.) IN the replication filed on behalf of the landlord it was pleaded that a family partition had already been entered into vide Exhibit. P.1, in the year 1964, and the parties belong to Ambala and they separated their belongings. The house in question was built by the landlord Ram Sarup with his own money.