BHARAT BHUSHAN Vs. K.K. SAINI

JUDGEMENT

(1.) THIS is tenants' petition filed under sub-section (8) of Section 18 of the East Punjab Urban Rent Restriction Act, 1949 (for brevity, 'the Act') challenging ejectment order dated 24.1.2005 passed by the Rent Controller, Amritsar. The Rent Controller has allowed the ejectment application of the landlord-respondents filed under Section 13-A of the Act and has ordered ejectment of the tenant-petitioners on the ground that the landlord-respondent is a specified landlord and need to occupy the demised premises for his own use and occupation.

(2.) LANDLORD -respondents 1 and 2 filed an application under Section 13-A of the Act on 3.2.2004 claiming that Dr. K.K. Saini applicant-respondent 1 was owner of the demised premises bearing No. 14, Model Town, Amritsar. It was claimed that he is a specified landlord as he has been working as Director Medical with Directorate General, New Delhi and was to retire on 31.12.2004. The landlord-respondent has also claimed that accommodation was insufficient and he required the demised premises for his personal use and occupation. It was, however, pleaded that applicant-respondent 2, namely, Smt. Sita Devi, has been realising the rent from the tenant-petitioners.

(3.) THE Rent Controller after considering rival contentions and pleadings of the parties rejected the plea that the landlord-respondent 1 was not a specified landlord within the meaning of Section 13-A of the Act. The relevant observations made by the Rent Controller in this regard read as under :-