KULWANT KAUR Vs. SHASHI KANTA AIRI

JUDGEMENT

(1.) THE petitioner/tenant is in revision before this Court against the order of eviction dated September 18, 2007 passed by learned Rent Controller, Chandigarh, in a petition filed by the landlord under Section 13A of the East Punjab Urban Rent Restriction Act, 1949 (as extended to U.T. Chandigarh) [for short "the Act"].

(2.) AS noticed in the order passed by learned Rent Controller, the landlord Raghbir Kumar filed the petition for eviction of the petitioner/tenant from the house in dispute which was let out to her at a monthly rent of Rs. 2,500/-, for a limited period of one year from June 2003 to June 2004. The petitioner paid rent only for three months and thereafter she did not pay rent also. The landlord was employed with Punjab State Electricity Board but was working on deputation with the Chandigarh Administration. It is further allege that on account of his being a Government servant, he had been allotted House No. 1063, Sector 28-B in Chandigarh, however, after his deputation period with the Chandigarh Administration was over, the allotment stood cancelled and the house in dispute was required for his personal use. In any case, the submission was that after his retirement on January 31, 2007, the landlord would not be able to retain the Government premises and would have to vacate the same. It is further submitted that the landlord was patient of Cancer in the Gall Bladder and was under treatment at P.G.I. Chandigarh and besides his wife, he had two young children to support, for whom the premises was required.

(3.) IN the present case, it remains undisputed that the application for leave to defend filed by the tenant/petitioner was dismissed by learned Rent Controller and thereafter no further proceedings were taken by her. It has further come on record that during the pendency of petition, the landlord Raghbir Kumar died on June 10, 2007, and thereafter his legal heirs namely his widow and children were brought on record and the proceedings continued. Finally, learned Rent Controller while accepting the petition vide order dated September 18, 2007 directed the petitioner/tenant to vacate the demised premises within a period of one month.