HARI CHAND JHULKA Vs. KARTAR SINGH

JUDGEMENT

(1.) THE tenant has directed this revision petition against the order dated April 3, 1987, of the appellate authority, Hoshiarpur, under the East Punjab Urban Rent Restriction Act, 1949 ordering the ejectment from the house in dispute on the basis of the personal requirement of the landowner.

(2.) BRIEFLY , the admitted facts are that Kartar Singh is the landlord of the house in dispute located within the urban area of Garhshankar, and had rented out the same to Hari Chand Jhulka at a monthly rent of Rs. 260/ -. The landlord sought the ejectment of the tenant on the ground that he suffers from such a disease which requires regular medical treatment and he cannot come to Garhshankar for such treatment from his village Denowal Kalan Weak eye -sight and the old age was also stressed. Besides that the landlord respondent has no other residential building in the urban area of Garhshankar and had not vacated the same after the commencement of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Act') The tenant resisted this application challenging the bona fide of the personal requirements of the landlord contending that he is having sound health. It was further averred that this application has been filed in order to pressurise the tenant to enhance the rent.

(3.) DURING the pendency of this revision petition Mr. M.L. Sarin, Sr. Advocate, for the tenant had filed the affidavit of the tenant besides the endorsement of the postman over Registered Cover about Kartar Singh landlord having permanently shifted to England; certificate to Ajit Singh, Sarpanch of Gram Panchayat was also tendered in this regard. Kartar Singh tenant filed a counter affidavit contending that he has simply gone to England to see his son and had since returned from there. He himself appeared in the Court today during the course of arguments.