BRIJ LAL PURI Vs. MUNI TANDON

JUDGEMENT

(1.) Smt Muni Tandon alias Urmila Tandon, the respondent hereinhad filed an ejectment application against the Petitioners on the ground of personal necessity. According to her, she had five unmarried school-going daughters and the accommodation already available with her was not satisfactory. The petitioners controverted these allegations. This application was allowed by the then learned Rent Controller on March 30, 1974. The petitioners went in appeal and urged that the application was not in proper form in as much as the respondent had not specifically pleaded, in the application for ejectment that she was not in possession of sufficient accommodation. Faced with this situation, the respondent filed an application for amendment of the application for ejectment which was granted and she was allowed to bring her application in conformity with the requirements of S. 13(3)(a)(i) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called the Act). The learned Appellate Authority set aside the order of ejectment and remanded the case for a fresh trial.

(2.) The petitioners filed a fresh written statement to the amended application for ejectment. The learned Rent Controller then framed the following issues:- 1. Whether the applicant has locus stand! to file the application? 2. Whether respondents are liable to ejectment on. the grounds mentioned in paras 3 to 7, 9 and 10 of the application?. 3. Whether any valid notice of termination of the, tenancy was necessary? If so, whether any such notice was served?

(3.) The parties led fresh evidence before the learned Rent Controller who decided all the issues against the petitioners and ordered their ejectment on March 10, 1977.