RAM SARUP Vs. FATEH CHAND

JUDGEMENT

(1.) FATEH Chand retired from Punjab Police Service in the year 1970. Since 1974 Ram Sarup was a tenant of a residential house owned by Prem by Prem Dutt. On the basis of will executed by Piem Dutt in favour of Fateh Chand, Fateh Chand got the house under a Court dated 9th November, 1983.

(2.) THEREAFTER, Fateh Cband filed an application dated 11 6. 1^85 under Section 13 of the East Punjab Urban Rent Restriction Act, )949 (for short the Act'), seeking ejectment of tenant Ram Sarup inter alia on the ground of personal necessity. During the pendency of the proceedings before the Rent Controller, Section 13-A was inserted in the Act with effect from 15th November, 1985, as a result of which a new ground for summary eviction was added to enable the retired Government servants to secure ejectment of their houses for their personal occupation by proving that they are specified landlords, which is defined in Section 2 (hh ). In view of the aforesaid amendment. Fateh Chand amended his eviction petition and added the ground of ejectment under Section 13-A of the Act.

(3.) DURING trial he continued to pursue for ejectment both under Section 13 A as well as under Section 13 of the Act, but only on the ground of personal necessity. The Rent Controller by order dated 26th September, 1986 came to the conclusion that the landlord was a specified landlord and was entitled to ejectment under Section 13-A of the Act. He also concluded that the landlord was able to prove the case of bona fide necessity under Section 13 of the Act, In view of the findings recorded on both the issues the tenant was directed to hand over the vacant possession to the landlord.