B D SHARMA Vs. NARINDER KUMAR ARYA

JUDGEMENT

(1.) THIS petition is directed against the orders dated 18th July, 1995, passed by the learned Rent Controller, Chandigarh, directing the eviction of the petitioner/tenant from the premises in dispute.

(2.) BRIEFLY stated, the facts of the case are that the petitioner (herein after referred to as the tenant) is occupying Annexure portion other than garage and one small room between upstair case of the premises bearing No. 2146, Sector 15-C, Chandigarh. The respondent-landlord-owner (hereinafter referred to as the landlord) filed a petition Under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) for eviction of the tenant from the Annexe portion other than the garage and one small room (shown in the site plan as ABCDEF and WXYZ of House No. 2146, Sector 15-C, Chandigarh. It was alleged in the petition that the landlord who was working as Principal in a school at Ludhiana was to retire on 31st March, 1995 and he wanted to shift his family to the house mentioned herein above before retirement and after his retirement he wanted to settle in the house in question. It was also stated in the petition that the landlord-did not own and possess any other accommodation in the urban area of Chandigarh or any other accommodation anywhere in the country.

(3.) THE learned Rent Controller by his order, dated 18th July, 1995 rejected the application filed by the tenant Under Section 18 (5) of the Act and held that no case for grant of leave to contest Under Section 18 (5) of the Act had been made out by the tenant. By an order of the same date, the learned Rent Controller allowed the petition filed by the landlord Under Section 13-A of the Act and directed the eviction of the tenant from the premises in dispute. The tenant was further directed to hand over the vacant possession of the premises in dispute within two months from the date of the order.