ASHWANI KUMAR Vs. AMARJIT KAUR

JUDGEMENT

(1.) In a rent petition filed by the respondent/landlord, the Rent Controller, Chandigarh held that personal necessity was not proved, but partly allowed the petition on the ground of non-payment of rent, which order was made conditional on payment of arrears of rent w.e.f. 01.11.2000 to 31.08.2003 at the rate of Rs. 3000/- per month etc. within a period of two months from the date of order i.e. 08.12.2011 failing which the petitioner/tenant was liable to be evicted from the first floor accommodation in House No.1608, Sector 36-D, Chandigarh.

(2.) However, the Appellate Authority, Chandigarh was not impressed with the findings on personal necessity recorded by the Rent Controller, Chandigarh and overruled the judgment by what I find after hearing the learned senior counsel for the parties to be a well reasoned order dated 03.07.2014, which is subject matter of this petition brought by the tenant/petitioner praying that the order be set aside.

(3.) The property in rent dispute is a house built on a plot measuring 500 square yards. It consists of two floors and an annexe to the main building. The tenanted premises are on the first floor accommodation with access from without. The property was initially owned by late Major Jaswant Singh and on his death his wife Dalip Kaur inherited the property. She died on 14.05.2007 leaving behind two legal heirs i.e. the respondent - Amarjit Kaur and the respondent's brother, namely, Col. Kuldeep Singh Garcha (Retd).