LAWS(P&H)-2005-4-17

ASHWANI KUMAR Vs. PARDEEP KUMAR

Decided On April 27, 2005
ASHWANI KUMAR Appellant
V/S
PARDEEP KUMAR Respondents

JUDGEMENT

(1.) THE tenants have filed this revision petition to challenge the order dated 14.2.1995 passed by the Rent Controller, Malerkotla, ordering the ejectment of the tenants on the ground of personal necessity of the landlord, and judgment dated 6,10,2000 passed by Appellate Authority, Sangrur, whereby the appeal filed by the tenants has been dismissed.

(2.) SUCCINCTLY , the respondent-landlords filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') for ejectment of the tenants from upper storey, i.e. two rooms, stair case etc., on the grounds of non-payment of rent, the premises have become unfit for human habitation on account of its dilapidated condition, material impairment on the part of the tenants, as well as personal requirement of the landlords. After examining the evidence adduced on record, the Rent Controller, Malerkotla, vide order dated 14.2.1995 ordered the ejectment of the tenants on the ground of personal necessity of the landlords, whereas all other issues framed on the grounds taken by the landlord were found to have not been proved. The appeal filed by the tenants was dismissed by the Appellate Authority, Sangrur, vide judgment dated 6.10.2000. Now the tenants have filed the present revision petition to challenge their ejectment from the demised premises on the ground of personal necessity.

(3.) IN order to controvert the contentions raised by the learned counsel for the petitioners, Mr. J.R. Mittal, learned Senior Advocate, appearing on behalf of the respondents, has contended that the landlord is the best judge of his own requirements. The tenant is nobody to dictate him way to live. It has been contended by him that the respondents, who are three brothers have got their children. The two sisters, who are also married, have got children too with them. They often use to visit their parental house at Malerkotla. It has further been contended that Manoj Kumar respondent is posted as Principal, I.T.I., Malerkotla. His family is residing at Malerkotla in the house of his father Ram Gopal.