RAVINDER KUMAR Vs. MOHINDER PAL

JUDGEMENT

(1.) This is tenant's civil revision directed against order dated 29.7.1997 passed by the learned Rent Controller, Hoshiarpur whereby application of the tenants praying that they may be permitted to defend proceedings under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) filed by the respondent, has been dismissed.

(2.) Mohinder Pal, landlord (respondent herein) filed application under Section 13-A of the Act as amended up to date for the ejectment of the tenants from the premises consisting of one room and kitchen on the first floor of the house situated in Mohalla Arya Nagar, Hoshiarpur. Landlord contended that he retired as Deputy Controller (Finance and Accounts), office of Chief Accounts Officer, Ranjit Sagar Dam Project, District Gurdaspur on 30.9.1995. He averred that he required the premises for his own use and occupation as he intends to reside therein. He further contended that presently he is residing in Mohalla Kamalpur and has got two rooms in his possession. He further averred that a married son of the applicant is also residing with him but relationship between his wife and the wife of the son are not cordial and as such to have peaceful life, he wanted to shift to the demised premises. He contended that the premises where he is presently living is not suitable for the reasons given in the ejectment application.

(3.) Notice of the petition was served on the tenants on 29.9.1996. Neither they put in appearance nor filed an application seeking leave to defend on that date. They put in appearance on 8.11.1996 and filed affidavit seeking leave to defend stating that the landlord is in possession of two-storeyed house consisting of two rooms, one store, laterine, bath room and a kitchen on the ground floor and two rooms on the first floor. They further averred that the ground floor of the building of which the demised premises is a part is also in occupation of tenants and no ejectment petition has been filed against them.