DINESH MOHAN TYAGI Vs. HARJINDER SINGH BABRA

JUDGEMENT

(1.) The present petition directs challenge against order dated 5.5.2014 passed by the Rent Controller, Chandigarh whereby application under Section 18- A (4 & 5) of the East Punjab Rent Restriction Act, 1949 (in short "the Act") seeking leave to contest, in the eviction petition filed under Section 13-B of the Act, by the petitioner-tenant has been dismissed and eviction application filed by Harjinder Singh Babra one of the co-owners of the house in question and alleged landlord has been allowed and the petitioner has been directed to leave the demised premises within a period of 60 days from the date of order.

(2.) The facts relevant for disposal of the present petition are that the respondent-landlord filed application under Section 13-B of the Act for ejectment of the petitioner-tenant on the allegations that respondent-landlord was born in India and thereafter settled in United Kingdom, acquired citizenship of United Kingdom, has been issued passport by United Kingdom Authority and he comes under the definition of NRI under the Act. The property in question i.e. House No. 1088, Sector -15B, Chandigarh has three floors and was initially owned and possessed by Smt. Piar Kaur, mother of the respondent. After her death on 18.5.1999, suit property has been transferred in the name of respondent and his three brothers in equal shares on the basis of Registered Will by the Estate Office vide letter dated 16.1.2003. The petitioner was inducted as a tenant on first floor of the suit house consisting of four rooms, one kitchen, one bath room and toilet in the month of May 2003 at a monthly rent of Rs. 5000/- excluding water and electricity charges with the consent of the respondent and all three brothers. The rent was increased from time to time and lastly the petitioner paid rent @ Rs. 6800/- per month upto November 2010 duly received by Sh. Avtar Singh, brother of the respondent on behalf of all the brothers. Later, the oral settlement was reduced into writing on 18.11.2010 and the entire first floor will be owned and possessed by the respondent as per agreement between the brothers.

(3.) Respondent was initially working as Prison Officer in United Kingdom and retired in May 2010. He made several requests to the petitioner to vacate the premises as the same is required for his own use for residential purpose but in vain. Respondent has shifted to India and wants to permanently settle at Chandigarh and now a days he is residing with his brother Avtar Singh on the ground floor and facing huge problems as Avtar Singh is having six family members.