- (1.) This revision petition is directed against the order dated 3rd February, 2007 passed by the Rent Controller, Chandigarh whereby an application under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure filed by the petitioners, has been dismissed.
(2.) The petitioners are husband and wife and being owners of SCF No. 3, Sector 10-D, Chandigarh, have rented out the Barsati portion thereof to the respondent-tenant. The petitioners have filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 against the respondent on the ground of bona fide personal necessity. This eviction petition was filed in November, 2003 with the following averments made in para no. 9 thereof:- "9. That the petitioners do not own or possess any other residential building within the local area of Chandigarh, Panchkula or Mohali, or for that matter anywhere in India".
(3.) Petitioner No. 1 thereafter tendered his affidavit dated 2nd September, 2004 as examination-in-chief. In para no. 8 of the said affidavit, petitioner No. 1 deposed as follows:- "8. That the deponent do not own or possess any other residential building within the local area of Chandigarh, Panchkula or Mohali, or for that matter anywhere in India and he has not vacated any such building without sufficient cause".;