J.P. CHETRATH Vs. SHAMBOO DAYAL

JUDGEMENT

(1.) THIS is a tenant's revision petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949.

(2.) GOEL Building is situated in Ganj Bazar, Solan. It is owned by Shamboo Dayal At the relevant time it was occupied by J.P. Chetrath as tenant. On March 9, 1971 Shamboo Dayal instituted proceedings under Sub -sections (2) and (3) of Section 13 of the East Punjab Urban Rent Restriction Act for an order directing the tenant to put him in possession. The petition was brought on the ground that the tenant was in arrears of rent and that he, the landlord, required the building for his own occupation. The Controller, Solan, rejected the landlord's petition, but an appeal by the landlord has been allowed by the Appellate Authority. The tenant now applies in revision.

(3.) AT the outset learned Counsel for the tenant has invited my attention to an application filed by him for bringing on the record additional documentary material. The material is intended to show that the landlord does not require the building for his own occupation and that the finding of the Appellate Authority to the contrary is erroneous. The material consists of documents indicating that the landlord had obtained the sanction of the Municipal Committee, Solan on October 19, 1974 for further construction and that the said construction was completed in June, 1975. The application is opposed by the landlord, who alleges that an additional story was constructed on the existing building by his brother, Roshan Lal Goel and that Roshan Lal Goel is in possession, and that he, the landlord, has no share in that property nor is he in possession of it. And Affidavit of Roshan Lal Goel has been filed, with a receipt for property tax following that payment has been made by Roshan Lal Goel. It is apparent that there is a dispute as to whether the further construction in question belongs to, and has been occupied by, the landlord.