JOGINDER SINGH Vs. VIRENDER KUMAR

JUDGEMENT

(1.) THE tenant is in revision petition aggrieved against the order of ejectment passed by the learned Appellate Authority on the ground that the demised premises are required for bona fide use and occupation of the landlord and his family members.

(2.) THE respondent-landlord purchased the demised premises vide sale deed dated 14.8.1984. The petitioner was tenant in the house in dispute. The landlord sought ejectment by filing a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as "the Act") on 14.5.1985, inter alia, on the ground that he is residing in one room of the house in which father of the landlord and three married brothers, namely, Padam Dev, Subhash Chander and Vijay Kumar are also residing. In the said house, 18 members of the joint family are living including four family members of the landlord. It is further pleaded that all the four brothers have their separate mess and only one room has been provided to the landlord which is being used for residence as well as for cooking the food.

(3.) THE learned Rent Controller dismissed the ejectment petition holding that the landlord has claimed Rs. 100/- per month as rent which is not the rent of the tenanted premises and, thus, the action of the landlord in seeking ejectment is not bona fide.