LAWS(P&H)-1989-11-38

VEER PIARI Vs. SUDERSHAN KUMAR

Decided On November 27, 1989
VEER PIARI Appellant
V/S
SUDERSHAN KUMAR Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Rent Controller allowing the application filed by the respondent/landlord under Section 13-A of the East Punjab Urban Rent Restriction Act and ordering eviction of the petitioner/tenant from the demised premises.

(2.) THE landlord sought eviction of the tenant on the ground that he was the owner of the demised premises. He was to retire on September 30, 1986 and was on leave preparatory to retirement. He did not own or possess any other house in Jalandhar city nor he had vacated any house without any sufficient cause. He wanted to reside in the demised premises with his family after retirement. Piara Lal husband of respondent No. 1 was his tenant. He died and his widow continued to remain in possession and became a tenant by operation of law.

(3.) THE tenant in the written reply took various objections, namely, that the petition was not maintainable ; that the alleged certificate of retirement was not proper since it was not issued by the com- petent authority ; that the petition was bad for nonjoinder of Smt. Nirmal Seth, who is daughter of Piara Lal deceased and had inherited tenancy rights along with her mother ; that the landlord had sufficient accommodation in his possession