SURJAN SINGH Vs. KRISHAN LAL GARG

JUDGEMENT

(1.) TENANT -petitioner has filed this revision petition Under Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949, assailing the ejectment order passed by the Rent Controller vide her order dated March 19,1996.

(2.) IN the lower court the landlord-respondent filed a petition Under Section 13-A of the said Act for tenant-petitioner's eviction from the ground floor of house No. 3270, sector 15-D, Chandigarh, comprising of drawing-cum-dinning room, bedroom, kitchen, bath-room and toilet etc. referred to as the demised premises. He pleaded that he is a specified landlord/owner of the demised premises which is leased out to the tenant petitioner at a monthly rent of Rs. 750/exclusive of water and electricity charges. It was also averred that the landlord-respondent is serving as an Executive Engineer in Punjab Water Supply and Sewerage Board and is posted at Patiala. He will attain the age of superannuation on June 30, 1995. He admitted that apart from the demised premises, he also owns another residential house i. e. 1225, sector 21-B, Chandigarh, but he is not in possession of the said house and the same is in occupation and possession of tenants. In the demised premises his son was in occupation of two rooms and the remaining portion of the said house is in the occupation of the tenant-petitioner. After his retirement he bona fide intends to reside in the demised premises. His family consists of his wife, sons and daughter, besides aged mother. His wife is suffering from ostro-arithritis of both the knees-joints and for that matter the demised premises, which is situate on the ground floor portion meets his requirements and would be suitable to him.

(3.) ON these pleadings, issues were framed and parties adduced their evidence.