The main legal point established in the judgment is the landlord's right to seek ejectment for their bona fide requirement, considering changed circumstances and the intention to settle in India permanently.

S.S.Nijjar, J.

1. The respondents-landlords (hereinafter referred to as "the respondents") filed a petition under Section 13 of the East Urban Rent Restriction Act (hereinafter referred to as "the Act") through their duty constituted Power of Attorney, Balbir Singh, seeking ejectment of the tenant/petitioner (hereinafter referred to as "the petitioner") from the ground floor portion of H.No.699, Sector 20-A, Chandigarh (hereinafter referred to as "the demised premises"), inter-alia on the grounds of non-payment of rent w.e.f. 1.5,1998 onwards and bona fide personal necessity. The landlords are co-owners of the demised premises alongwith Manmohan Singh Grewal and Savraj Singh Grewal. The tenant is in use and occupation of the entire ground floor portion of the aforesaid house at a rent of Rs. 250/- per month, excluding water and electricity charges. Both the respondents, mother and son are presently residing in the United Kingdom. They intend to permanently settle down at Chandigarh. Therefore, it is pleaded that the demised premises are required for their own use and occupation. The land-lady, respondent No. 1, is stated to be 75 years of age. She lives on the 1st Floor as and when she comes from England to Chandigarh. Respondent No. 2 is married and has three children. Therefore, it was stated by the respondents that the demised premises i.e. the ground floor of the house are required for the occupation of the family. It is the case of respondent No. 1 that she finds it difficult to climb the stairs to the first floor due to old age. Furthermore, she is suffering from Asthma and heart disease. Similarly, the son, respondent No. 2 has undergone bye-pass surgery and is also a patient of heart disease. The respondents reside in West Yorkshire in England. In paragraph 5 of the petition it is stated as under: -

"5. That the petitioner No. 1 alongwith her son Daljit Singh Grewal petitioner No. 2 intends to settle down permanently at Chandigarh and both the petitioners are coming to India in the month of December 1999 in connection with the performance of the marriage of their grand-son namely Balraj Singh son of Daljit Singh Grewal and after the performance of the marriage both the petitioner has decided to settle down at Chandigarh in the house in question and do not intend to go abroad on account of health reasons. Petitioner No. 1 is suffering from Asthma and Heart disease and besides that Daljit Singh Grewal petitioner No. 2 has also under gone bye-pass surgery being heart-patient and atmosphere at West Yorkshire is not at all suitable for the petitioners and health of both the petitioners has suffered a lot while residing abroad and both the petitioners has decided not to live in that country and has decided to settle down permanently at Chandigarh. Petitioner No. 1 due to suffering from asthma and Heart disease intends to reside in ground floor portion of the house in question. The first floor portion in her use and occupation is not at all suitable and petitioner No. 1 feels great difficulty in climbing the stairs and moreover the doctors attending to her has advised that petitioner No. 1 should avoid climbing the stairs, certificate to this effect issued by the Doctors is attached herewith. Petitioner No. 1 is suffering from Heart disease and she has developed a tendency of asthma and she is getting injections regularly for asthma and both the petitioners are suffering from the diseases mentioned aforesaid and both the petitioners required the ground floor portion of House No. 699, Sector 20-A, Chandigarh for their personal use and occupation and residence and for the residence of family members who ordinarily reside with the petitioners. The family of the petitioners consist of petitioner No. 1, petitioner No. 2, his wife, three children and the accommodation situated on first floor portion of the house in question is otherwise inadequate and do not meet out the family requirement of the petitioners. It is added th