VEENA VERMA Vs. SATYA PAL DAULEY

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner -herein (tenant) against the judgment dated 25.01.2014 passed by the Court of learned Appellate Authority, SAS Nagar, Mohali vide which the appeal preferred by the landlord against the order dated 03.02.2012 passed by the learned Rent Controller, SAS Mohali was accepted, the said order dated 03.02.2012 passed by the Rent Controller was set aside and the ejectment petition of the landlord filed under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (in short "the Act") for the eviction of the tenant from the demised premises was allowed with a direction to tenant to vacate the demised premises and to hand -over its vacant possession to the landlord within a period of 3 months from the date of passing of impugned judgment.

(2.) THE case of the respondent -herein who was landlord before the learned Rent Controller in brief was that he is the owner -cum -landlord of #928, Phase IV, SAS Nagar, Mohali. The petitioner -herein (tenant) took three bed rooms with attached bathrooms, drawing -cum -dining, kitchen, store, garage with kitchen and bathroom on the ground floor of said house (hereinafter to be called as "the demised premises") on a monthly rent of Rs. 13,000/ - excluding water and electricity charges. In this regard it was also plea of the landlord that earlier, the petitioner -herein tenant was having two bed rooms with attached bathrooms, drawing -cum -dining, kitchen and store on rent at the rate of Rs. 5,000/ - per month excluding water and electricity charges since the year January, 2006. She further took on rent one front bedroom with attached bathroom and garage with kitchen and bathroom on rent in the month of June, 2008 for a period of 2 months in view of her daughter's marriage. She agreed to pay Rs. 7,000/ - per month for this newly acquired additional accommodation. She also increased the earlier rent for the accommodation which was already in her possession from Rs. 5,000/ - to Rs. 6,000/ -, so as such she agreed to pay a total rent of Rs. 13,000/ - per month for the demised premises excluding water & electricity charges. The abovesaid additional accommodation was given to her on rent with the undertaking that she will vacate the demised premises by 31.08.2008 since the petitioner required the same for his personal use.

(3.) ON the completion of the pleadings of the parties, issues were framed by the learned Rent Controller. After hearing learned counsel for both the parties and going through the record as well, learned Rent Controller dismissed the ejectment petition of the landlord vide order dated 03.02.2012. Then the landlord filed an appeal against this order before the learned Appellate Authority, SAS Nagar, Mohali which was accepted, whereby reversing the order of learned Rent Controller and consequently the petition filed by the landlord for ejectment of the tenant from the demised premises was accepted.