VINOD K.SHARMA, J. - (1.) THE present revision petition has been filed against the order dated 1.10.2002 passed by the Appellate Authority, Chandigarh vide which the appeal filed by the tenant-respondent herein against the order of ejectment by the Rent Controller was allowed and the application for ejectment filed by the landlord-petitioner herein was dismissed.
(2.) THE petitioner had filed a petition under Section 13(3)(a) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Act') for putting him into possession of the two rooms along with kitchen, latrine and bathroom on the top floor and one room along with joint latrine and bathroom on the ground floor of House No. 3084, Sector 27-D, Chandigarh which was under the tenancy of the respondent, on the ground of bona fide requirement. The case of the petitioner was that he was an owner of House No. 3084, Sector 27-D, Chandigarh which he had purchased from its previous owner Smt. Baljit Kaur vide registered sale-deed executed in November, 1991. The respondent was a tenant in the tenanted premises at a monthly rent of Rs. 1,200/- per month. It was claimed that the respondent had not paid the rent since November, 1991 since the time the petitioner purchased the said house from its previous owner. It was further alleged that out of total four rooms and kitchen on the ground floor, the petitioner was in possession of only one room, the possession of which was handed over by the previous owner. The rest of the rooms and kitchen was on rent with the respondent and one Smt. Neelam. It was also alleged that the latrine and bathroom were joint.
(3.) IT was also the case of the petitioner that he was working as an Officer with the State Bank of India and his wife was a Lecturer in Government School near Chandigarh. Both the sons of the petitioner were studying in Chandigarh. Therefore one vacant room with the petitioner on the ground floor was not sufficient for his family consisting of his wife and children. It was further averred that as per family settlement between the petitioner and his brothers, the old mother of the petitioner was also residing with him. The case of the petitioner was that due to lack of accommodation in the house of his in-laws in Sector 21-A, Chandigarh, it was very difficult for him to accommodate the mother along with his family.;