JOGINDER SINGH Vs. J L KHANNA

JUDGEMENT

(1.) THIS is the landlord's revision filed under Section 18 (8) of the East Punjab Urban Rent Restriction Act 1949 (for short the 'act') as by the impugned order his ejectment petition filed under Section 13-A of the Act was dismissed.

(2.) SUCCINCTLY facts of the case are that petitioner landlord averred that he is the co-owner and is specified landlord of House No. 3, Sector 18, Chandigarh. Respondent is tenant in the portion of this house on a monthly rent of Rs. 180/- exclusive of electricity and water charges. The demised premises consists of two living rooms, bath-room and a latrine. Petitioner has retired from government service w. e. f. 31. 5. 1986. He does not own and possess another suitable accommodation in the local area of Chandigarh. He intends to reside in the suit house. He has not vacated any residential building in the urban area of Chandigarh. There is another tenant also in one room of the ground floor of the suit house, against whom he has also filed ejectment petition under Section 13-A of the Act. He requires entire ground floor for his personal use.

(3.) THE Rent Controller framed issues; parties adduced evidence. Rent Controller discussed evidence in cryptic manner and made observations in the order waiveredly and finally dismissed the petition only on the ground that it is not maintainable under Section 13-A of the Act as he has failed to prove that he is a specified landlord. Tenant has also objected that earlier the petitioner filed ejectment petition against him under Section 13 (2) (ii) (b) of the Act, but that was dismissed on the ground that the petitioner could not prove the ground of change of user, and the tenant proved that the premises was leased out for running his business.