ONKAR NATH Vs. VED VYAS

JUDGEMENT

(1.) The main questions which are involved in this revision petition are:

(2.) if such specific allegations are not made by the Plaintiff in the plaint what would be the legal consequences in case even the Defendant -tenant fails to raise any plea either in his written statement or during the course of the trial with regard to the said failure of the Plaintiff to make allegations with reference to the above referred Clauses (b) and (c).

(3.) The property is situated at Chamba which was at the relevant time governed by the provisions of the East Punjab Urban Rent Restriction Act, 1949. The Respondent is occupying rented premises at Chamba. He eventually filed a petition for eviction against the Petitioner before the Rent Controller under Sec. 13 of the Act in the year 1966 on the ground of personal requirement. This ground is covered by Sub -Section 3(a)(i) of Sec. 13 the relevant portion of which is in the following terms: