SUNITA Vs. PAWAN KUMAR

JUDGEMENT

(1.) THIS petition is preferred by the petitioner (tenant) against the order dated 21.07.2014 passed by the learned Rent Controller, Chandigarh vide which the ejectment petition filed under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (in short 'the Act') for evicting the present petitioner (tenant) from the demised premises was accepted and the judgment dated 07.02.2015 passed by the learned Appellate Authority, Chandigarh vide which the appeal filed by the present petitioner (tenant) against the aforesaid order of the learned Rent Controller, Chandigarh was dismissed.

(2.) CASE of the respondent -herein who was petitioner in the Court of first instance was that he is the owner as well as the landlord of flat No. 3282 ground floor, Sector 47 -D Chandigarh (hereinafter to be referred as demised premises). It was purchased by him through General Power of Attorney duly registered in the office of Registrar in the year of May, 2007. He inducted the respondent in the ground floor of his house as a tenant w.e.f. 1st June, 2007 on rent in the sum of Rs. 6,300/ - per month with condition to increase the same at the rate of 7% per annum on the last paid rent. She paid the rent only for the first three months i.e. June, July, August, 2007 on the aforesaid rate. Petition for her ejectment from demised premises was filed on the following grounds: - -

(3.) THE learned Rent Controller after hearing learned counsel for both the parties and going through the record as well, recorded findings on issue Nos. 1, 2, 4 and 5 in favour of the petitioner, on issue No. 3 in favour of respondent and accepted the ejectment petition vide the impugned order dated 21.07.2014. Then the respondent (tenant) filed an appeal before the learned Appellate Authority, Chandigarh against this order of the learned Rent Controller, Chandigarh which was dismissed.