MAHESH GROVER, J. - (1.) THE present petition has been preferred by the landlord impugning the orders of the Rent Controller and the Appellate Authority rejecting her prayer for eviction of the tenant-respondent on the grounds of material impairment and bona fide requirement.
(2.) THE petitioner filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') seeking to eject the respondent from the second floor (Barsati) of House No. 14, Sector 15-A, Chandigarh (hereinafter described as 'the demised premises'). It was pleaded that the petitioner was the landlady of the demised premises which were let out to respondent at a monthly rent of Rs. 160/- including electricity and water charges. The eviction was sought primarily on four grounds, viz., (i) non-payment of rent since April, 1989; (ii) the respondent had raised construction and made additions and alterations thereby materially impairing the value and utility of the demised premises; (iii) change of user; and (iv) personal necessity. The petitioner alleged that the respondent has constructed walls and has covered open verandah by converting it into a room and had also converted the area under stair-case to a store where she was storing books and other stationery items as she is running a book-shop. It was pleaded by her that she wanted to shift from Birmingham (U.K.) to Chandigarh where she was desirous of settling down permanently and since the demised premises was not being vacated, she was forced to take on rent house No. 1060/1, Sector 39-B, Chandigarh consisting of four bed rooms, drawing-cum- dinning room, kitchen, bathrooms and one garage and was paying rent at the rate of Rs. 2900/- per month. The petitioner also pleaded that she was a patient of asthma and a victim of other ailments. Responding to the petition, the respondent tendered rent with effect from April, 1989 till date along with interest and costs before the Court on 10.8.1992. The averments made in the petition were denied and it was pleaded that the fixtures were temporary in nature.
(3.) THE Rent Controller extracted as many as six issues from the pleadings of the parties, which are as follows :- 1. Whether the respondent is liable to be ejected from the demises premises on the grounds mentioned in the petition ? OPA 1A. Whether the respondent has changed the user ? OPP 1B. Whether the respondent has made material alterations and additions in the premises impairing value and utility of the premises ? OPP 1C. Whether the petitioner requires the premises for personal use and occupation ? OPP 1D. Whether the tender made by the respondent is legal and valid ? OPR 2. Relief. ;