SOHAN SINGH Vs. HARI SINGH

JUDGEMENT

(1.) SOHAN Singh petitioner is in occupation of a room and kitchen in H. No. 805 in Prem Nagar, Yamuna Nagar, which is owned by Hari Singh respondent. In February, 1975, the respondent filed an ejectment application against the petitioner on the grounds of non-payment of rent, personal requirement and the respondent having been guilty of such acts and conduct as are a nuisance to the occupiers of the buildings in the neighbourhood.

(2.) THE petitioner contested the ejectment application. The Rent Controller dismissed the ejectment application of the respondent vide order dated 19th March, 1980. The respondent filed an appeal against the order of the Rent Controller which was allowed by the Appellate Authority vide order dated 12th September, 1980. The Appellate Authority has held that the petitioner has been guilty of misconduct causing nuisance to those living in the neighbourhood. The petitioner has been ordered to be evicted on this ground under Section 13(2)(iv) of the East Punjab Urban Rent Restriction Act (for short, the Act). The petitioner has assailed the order Appellate Authority in the present revision.

(3.) THE petitioner, on the other hand, produced RW Bashir Ahmed who stated that the petitioner is good man and so is the respondent. He petitioner repairs water pumps. In his cross-examination he stated that he did not know if the proceedings under Section 107/151, Criminal Procedure Code, had been initiated against the petitioner at the instance of the respondent RW Harcharn Dass also stated that the petitioner is a decent man. The petitioner himself appeared as a witness and stated that his wife and four children, including two young daughters, live with him in the house of the respondent. He does not take liquor in the house nor does he quarrel with others. The proceedings under Section 107/151 Criminal Procedure Code, were got initiated against him for getting the house vacated but he was discharged.