KISHAN CHAND Vs. CHANAN RAM

JUDGEMENT

(1.) This is a tenant's revision petition directed against the concurrent judgments of the Rent Controller and the appellate authority whereby the ejectment of the petitioner from the residential premises on the ground of personal need and occupation of the landlord has been ordered and upheld.

(2.) The original landlord in the case was one Shri Jagdish Rai who himself was the mortgagee with possession of the premises which are located within the Ferozepur City. He had let out these premises to the petitioner Kishan Chand on the 14th August, 1973. Later he executed a Sub-mortgage of this very property in favour of his son-in-law Chanan Ram for a sum of Rs. 2,500/- by a mortgage deed, Exhibit P. 2. It was expressly mentioned therein that the possession of the premises had been duly delivered to Chanan Ram who was the Sub-mortgagee with possession. Jagdish Rai thereafter served notice on Kishan Chand requiring him to surrender possession of the premises to the Sub-mortgagee Chanan Ram but the later neither did so nor replied to the notice.

(3.) Chanan Ram, landlord respondent then filed the application under section 13 of the East Punjab Rent Restriction Act seeking the eviction of the tenant petitioner on the primary ground that the premises were bona fide required for this own use and occupation and on the ancillary ground of the non-payment of rent. It was expressly pleaded that the respondent landlord was occupying a rented house which was totally insufficient for his own and his family's requirements.