RAJIVE BHALLA, J. - (1.) THE petitioner impugns orders dated 24.5.2005 and 19.9.2007 passed by the Rent Controller, Chandigarh as also the Appellate Authority, Chandigarh, whereby the petitioner's ejectment has been ordered and the appeal filed against the order of ejectment has been dismissed, respectively.
(2.) THE landlady-respondent is owner of House No. 1128, Sector 8-C, Chandigarh. The petitioner is a tenant in the entire first floor comprising of one room, a kitchen and a toilet at a monthly rent of Rs. 700/- excluding electricity and water charges. The landlady filed a petition for ejectment before the Rent Controller, Chandigarh praying for ejectment of the petitioner on the ground of a bona fide personal requirement of occupy the tenanted premises. The landlady alleged that she migrated to England with her husband in the year 1966. The house in question was purchased by the respondent along with her husband in the year 1971 and was built more than 30 years ago. House No. 78, Sector 18-A, Chandigarh was purchased in the year 1978. The landlady had rented out the ground floor to one Chamkaur Singh and the first floor to the petitioner. Her husband expired at Chandigarh on 7.4.1993 while they were visiting India. As she had decided to return India and reside in Chandigarh, she filed a petition for eviction of the tenant on the ground floor. The ejectment petition was allowed by the Rent Controller, the appeal filed by the tenant was dismissed on 8.1.2001 and the revision filed by the tenant was also dismissed. The respondent obtained possession of the ground floor and thereafter filed an ejectment petition against the petitioner.
(3.) THE landlady asserted that though she owns house No. 78, Sector 18-A, Chandigarh, built upon a 2 Kanal plot, it is too big for her to reside in and manage. She has, therefore, decided to occupy the present house and being aged lady has requested her sister Smt. Harjinder Kaur and her brother-in-law to live with her. She has also decided to employ a couple to look after her household work and has purchased a car and employed a driver. Being a Sikh by faith, she has decided to keep Sri Guru Granth Sahib, for which she requires a separate room. The landlady requires a separate bed room each for herself, her sister and her brother-in-law and one room for her domestic help and one for Sri Guru Granth Sahib. The accommodation available on the ground floor is inadequate and does not meet her requirements. Besides the paucity of accommodation, the landlady also asserted that in view of the design of the house, the staircase leading to the first floor starts from a common area of the house and is constructed in such a manner that a person going to the first floor can easily enter the ground floor.;