- (1.) This revision petition has been filed on behalf of the landlords-petitioners whose application for ejectment of the tenant-respondent has been dismissed by both the authorities below.
(2.) The landlords sought the ejectment of the tenant on the ground that they bonafide required the premises for their own use and occupation. The application was contested on behalf of the tenant on the ground that the requirement of the landlords was not bonafide. The learned Rent Controller found that necessary ingredients of section 13(3)(a)(i) of the East Punjab Urban Rent Restriction Act, has not been pleaded. Therefore, the eviction application was liable to be dismissed. The eviction application was dismissed inter alia on the ground also that otherwise also the landlords had failed to prove their bonafide requirement. In appeal, the Appellate Authority affirmed the said findings of the Rent Controller and, thus, maintained the order dismissing the ejectment application. Dissatisfied with the same, they have come up in revision to this Court.
(3.) After hearing the learned counsel for the parties, I am of the considered opinion that the landlord should be given an opportunity to amend their ejectment application and plead the necessary ingredients of section 13 (3)(a)(i) of the above-said Act. It has been stated at the bar on behalf of the tenant that meanwhile one of the landlords Joginder Pal has been transferred from Jullundur to Ludhiana and that the wife of his brother has also died. Thus, according to the learned counsel for the tenant, the bonafide requirement, if any, of the landlords, no more exists. Under the circumstances, this case is sent to the Rent Controller, Jullundur, with the direction to allow the landlords to amend the eviction petition so as to plead the ingredients of the section 13(3)(a)(i) of the above-mentioned Act and to make the necessary report to this Court within three months after allowing the parties to lead fresh evidence, if any. The parties have been directed to appear in the Court of the Rent Controller on December 20, 1983. The records of the case be sent back forthwith.;