GURDEV SINGH Vs. AJMER KAUR

JUDGEMENT

(1.) PRESENT revision petition has been filed against an order passed by the learned Appellate Authority vide which the order passed by the learned Rent Controller ordering the eviction of the respondent-tenant has been set aside and the petition filed by the petitioner under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the 'Act') was dismissed.

(2.) THE petitioner sought ejectment of the respondent tenant on the ground of non-payment of rent as well as on the ground of personal necessity. The ground of non-payment of rent was given up as the tenant tendered the rent in the court on the first date of hearing. However, the learned Rent Controller ordered the eviction on the ground of personal necessity.

(3.) THE petition was contested by the respondent on the plea that the petitioner was only owner of half share of the property purchased, therefore, was owner to the extent of 60.5 square yards out of total area of the property measuring 470 square yards. It was also stated by the respondent-tenant that the premises were taken on rent from Sohan Singh previous owner at the rate of Rs. 40/- per month and further the suit for permanent injunction was filed by the respondent against Sohan Singh which was pending in the Civil Court. The personal need was also denied.