MONGA RAM Vs. SANTOSH KUMARI

JUDGEMENT

(1.) THIS is tenant's revision against his ejectment order passed by the Rent Controller, Chandigarh.

(2.) DECEASED Om Parkash landlord filed ejectment petition against the tenant-petitioner Monga Ram (to be referred to as tenant and landlord only). Landlord Om Parkash filed the said ejectment petition under Section 13-A of the East Punjab Urban Rent Restriction Act, alleging that he is a specified landlord as he was initially working in the Army . After retirement he was working as a Teller in the Punjab National Bank H.M.T., Pinjore from where he retired on January 31, 1993. He submitted that he requires the accommodation in possession of the tenant for his and his family's residence, which consists of the landlord himself, his aged mother, wife, four sons and one daughter-in-law. He further alleged that his one son is likely to be married in December 1994 and other two sons are also of marriageable age. His daughter is married but she comes to his house along with her husband and children. He needs some accommodation for them also. As he belongs to Radhaswami cult, he needs a separate room for his Pooja. He is in possession of two rooms on the ground floor, two rooms on the first floor and two rooms on Barsati. There is another tenant on the ground floor. He has filed ejectment petition against that tenant also. He sought ejectment on other grounds also. (But those are not pressed, hence they are not adverted to).

(3.) PARTIES adduced their evidence. The Rent Controller came to the conclusion that the landlord-Om Parkash is a specified landlord. Initially he was in the Army and after retirement therefrom he was engaged in Punjab National Bank from where also he retired on January 31, 1993. Thus, he is a specified landlord under Section 2(hh) of the Act. The Rent Controller also held that the landlord is occupying two rooms along with latrine and bath-room on the ground floor, two rooms on the first floor and two rooms on the Barsati floor, but he needs a separate room for his Pooja. His family consists of landlord himself, his aged mother, wife, four sons and one daughter-in-law. Another son is likely to be married in December 1994 and two other sons are of marriageable age. His married daughter also comes to her father's place with her family. He needs a room for guests also. The Rent Controller also held that the Barsati portion cannot be taken into consideration as residential one while assessing the suitability/requirement of accommodation of the landlord. Thus, finding the need of the landlord bona fide, the petition was allowed.