TIRLOKI NATH Vs. VINOD KUMAR

JUDGEMENT

(1.) Respondent had filed eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter referred to as the Act) against the petitioner for vacating the suit premises. It is the contention of the respondent that he is the owner of the house and the petitioner is a tenant since the year 1981 on the ground floor. The plot on which the house was built was purchased by the father of the respondent in the year 1971 and the construction on the first floor was made in the year 1972. It is further contended that there was a family settlement on 15.3.1993 between the family members of the respondent and the suit house came to the share of the respondent. The father of the respondent also in terms of the family settlement executed a registered sale deed in favour of the respondent on 24.2.1994.

(2.) It is further contended by the respondent that his family consists of himself, his wife, two daughters aged about 11 years and 1-1/2 years, named Megha Gupta and Mitika Gupta. It is further the contention of the respondent that he is residing at the house of his brothers being House No. 578, Sector 20-A, Chandigarh (hereinafter referred to House in Sector 20-A). It is 6-1/4 marla house and the respondent is occupying the first floor of the house and is paying rent @ 1500/- per month and the first floor of the house consists of three rooms, one kitchen, one latrine and one bathroom and it is insufficient for his family members.

(3.) Respondent further contends that he requires the entire suit house for his personal use and occupation. He has sought possession on the ground of bonafide requirement.