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1977 Supreme(P&H) 12

O.CHHINNAPPA REDDY
Kesho Ram – Appellant
Versus
Jagan (Deceased) Represented By His Legal Representatives Om Parkash – Respondent


Judgment

O.Chinnappa Reddy, J.

1. The respondent-landlord filled an application for ejectment of the petitioner-tenant under section 13 of the East Punjab Urban Rent Restriction Act. One of the grounds on which the landlord sought eviction of the tenant was that the house was required for the personal use and occupation of his married son as the present accommodation in his possession was insufficient and inadequate. The tenant claimed that the petition was not bona fide and that it had been filed with the ulterior motive of enhancing the rent. The Rent Controller found that the landlord had a large family consisting of 26 members who were living in the house presently under the occupation of the landlord which consisted of four or five rooms which were wholly insufficient to accommodate all of them. He held that the requirement of the landlord was bona fide. Therefore, he allowed the petition for ejectment. The findings of the Rent Controller were confirmed by the Appellate Authority and the tenant has come up in revision.

2. It was argued by Shri Puran Chand, learned counsel for the tenant that the landlord had not averred in the petition two out the three essential ingredients wh





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