HARBHAJAN SINGH Vs. VED MITTER

JUDGEMENT

(1.) THIS revision petition under section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act'), is directed against the judgment dated 5.3.1986 passed by the learned Appellate Authority, Gurdaspur, dismissing the appeal of the landlord petitioner against an order dated 12.8.1985 of the learned Rent Controller, Gurdaspur, who had dismissed an application under section 13 of the Act filed by the petitioner for ejectment of the tenant-respondent from a house situate in Mohalla Araian, Gita Bhawan Road, Gurdaspur.

(2.) THE petitioner had alleged in his application before the learned Rent Controller that he is the owner of the house in dispute which is in possession of the respondent as a tenant on a monthly rent of Rs. 20/-. He sought ejectment of the respondent, inter alia, on the ground of non-payment of rent and bonafide personal need by stating that he had retired from Government service on 31.3.1981. He has stated that he was working as Superintendent in the Local Self Government, Punjab, at Amritsar. After his retirement he is living at Amritsar in a rented house. He did not own or possess any other house any where in India. He was not occupying any other residential building in the urban area of Gurdaspur.

(3.) ON the pleadings of the parties, the learned Rent Controller framed the following issues :_