CHAMAN LAL Vs. AMARJIT KAUR

JUDGEMENT

(1.) By way of this revision petition the petitioner has challenged the order passed by the Learned Rent Controller, Ferozepur as also the Appellate Authority, Ferozepur vide which the petitioner has been ordered to hand over the possession of vacant premises in dispute to the respondent landlady.

(2.) The respondent Amarjit Kaur filed a petition under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 for the ejectment of the respondent-tenant from the ground floor of House No. 6676/DS-9. The petition had been filed on the ground of non-payment of rent as also for the landlady's bonafide requirements and personal necessity of the respondent - landlady. The Rent Controller as also the Appellate Authority had ordered the eviction of the petitioner only on the ground of bonafide requirements and personal necessity. It is this finding which has been challenged by the petitioner in this revision petition.

(3.) The relevant facts as pleaded by the respondent-landlady are that the husband of the landlady was earlier employed at the H.M.T. Factory at Pinjore and therefore the landlady was having her residence there. He retired from service on 31.01.1996 and thereafter the family shifted to Ferozepur. The ground floor of the house in question comprising of three rooms, bathroom etc. was on rent with the petitioner-tenant. The first floor portion is without bathroom, kitchen, guest room and drawing room. It only comprises of one room. Apart from this a small portion of the ground floor of the house was also got vacated from one Mool Chand-tenant. It was alleged that even the said portion was in possession of the son of the petitioner-tenant without the consent of the landlady. The respondent - landlady had therefore contended that the portion which was in their possession was only one room without a drawing room, bedroom or kitchen. It was totally insufficient for their family which consisted of seven members including her husband, a divorced daughter, her son and his family. On account of this fact they had to take another house bearing No. 623 in the Housing Board Colony, Ferozepur on a monthly rent of Rs. 600.00 as the portion in their occupation was totally insufficient for their residence. It was also pleaded that the landlady and her husband both were suffering from Asthama and were finding it very difficult to live on the first floor of the house.