LAWS(HPH)-1974-4-3

PURAN CHAND Vs. JAGDISH LAL AND ANR.

Decided On April 04, 1974
PURAN CHAND Appellant
V/S
Jagdish Lal And Anr. Respondents

JUDGEMENT

(1.) The facts of the case have already been set out in the judgment of D.B. Lal, J. In view of the importance of the questions raised, I should like to state my own reasons.

(2.) A question of far reaching importance is whether upon the facts of the present case the Respondents can be said to satisfy the provisions of Clauses (a) and (b) of sub -paragraph (i) of paragraph (a) of Sub -section (3) of Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949. The Respondents, who are two brothers, live in rented accommodation with their families. They purchased the premises in dispute and applied for eviction of the Petitioner. The Appellate authority, Shri Onkar Nath, has made an order of eviction on the ground that the rented accommodation occupied by the Respondents and their families is insufficient for all of them and that the premises in dispute are required for accommodating one of the brothers and his family.

(3.) Sec. 13 of the East Punjab Urban Rent Restriction Act provides for the eviction of a tenant. Under Sec. 13(3)(a)(i) a landlord may apply to the Controller for an order directing the tenant to put the landlord in possession, in the case of a residential building, if: -