ASHOK KUMAR BAGGA Vs. PRITHVI NATH KAUL

JUDGEMENT

(1.) THIS revision petition has been filed by Ashok Kumar Bagga. tenant against the order of the Appellate Authority, Chandigarh, dated September 13, 1977.

(2.) BRIEFLY , the facts are that Prithvi Nath Kaul is the owner of the house bearing No. 1668, situated in Sector 34 -D, Chandigarh. He leased a portion of the house consisting of two rooms, a kitchen and a veranda with attached bath room and latrine (2nd floor) at a rent of Rs. 115 per mensem, exclusive of electricity and water charges, to the tenant. He further said that he had two sons studying in 8th and 10th classes and three daughters studying in B.A., higher secondary and 1st primary classes and that the accommodation with him was 4 rooms, which was insufficient for the needs of his family. He, therefore, filed an application for ejectment of the tenant under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter referred to as the Act) for ejectment of the tenant on two grounds, namely, that the tenant had not paid the rent and that he required the portion occupied by the tenant for his personal use.

(3.) HE held that the landlord required the premises bona fide for his own use and occupation. He further said that issue No. 2 was not pressed. Consequently, he in view of findings on issue No. 1, allowed the application and ordered the ejectment of the tenant. An appeal was filed by the tenant before the Appellate Authority who affirmed the order of the Rent Controller and dismissed the appeal. He has come up in revision to this Court.