BHUPINDER SINGH Vs. ZENOBIA BHANOT

JUDGEMENT

(1.) VIDE this order, two Civil Revision Petitions, (Nos. 1260 and 1386 of 1989) are being disposed of. These petitions have been filed by the tenants against the landlady Smt. Zenobia Bhanot against orders of Rent Controllers, Chandigarh directing their ejectment from different portions of the same house.

(2.) THE facts are brief and not disputed. Shri S. N. Bhanot, I. A. S. , died after his retirement from Government service. His widow Smt. Zenobia Bhanot filed applications under Section 13-A of the East Punjab Urban Rent Restriction Act, as amended, and applicable in the territory of Chandigarh, for ejectment of the present petitioners. These applications were filed on December 15,1987 but tried by different Rent Controllers Shri Birinder Singh. Rent Controller, Chandigarh decided the application filed against Dr. (Mrs ) S. K. Gill on January 27, 1989 directing her ejectment from two rooms of the house in dispute. Civil Revision No. 1386 of 1980 has been filed against the said order. Shri G. S. Sewak, Rent Controller, Chandigarh on March 15, 1989 directed ejectment of Bhupinder Singh from one room of the house in dispute and Civil Revision No. 1260 of 1989 has been filed against the said order. I have heard counsel ft r the parties.

(3.) THE question debated has already been answered by J. V. Gupta, J. in Sohan Lal v. Col Prem Singh Grewal and Anr. , (1989-2) 96 P. L. R. 139, holding therein that it is the choice of the landlord in an application under Section 13-A of the Act to seek ejectment of the particular tenant. He could evict only one of the tenants and not all under the aforesaid provision as the tenants were occupying separate portions of the building indispute. That being the position, the choice of Smt. Zenobia Bhanot was asked for during arguments and learned counsel appearing on her behalf, though challenged the correctness of the decision in Sohan Lal's case (supra), gave in the alternative the choice that the premises to be vacated by Dr. (Mrs.) S. K. Gill be delivered to the landlady.