JUDGMENT

Nidhi Gupta, J..

CM-2789-CII-2023

This is an application under section 151 CPC for seeking exemption from filing certified copy of order dated 21.02.2018 passed by learned Rent Controller, Chandigarh and certified copy of Grounds of Appeal filed before learned Rent Appellate Court, Chandigarh and permission to place on record true photocopies of the same.

After going through the contents of the application, the same is allowed subject to all just exceptions and learned counsel for the petitioner is permitted to place on record true photocopies of the aforesaid documents.

Main Case

2. Present Revision Petition has been filed by the petitioner/tenant against order dated 21.02.2018 passed by learned Rent Controller, Chandigarh whereby Rent Petition filed by the landlord/respondent herein, under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the Act"), has been allowed. Against the said order of the learned Rent Controller, Chandigarh, the petitioner filed appeal under Section 15 (b) of the Act before the learned Appellate Authority, Chandigarh, which too has been dismissed vide impugned order dated 26.07.2022.

3. Brief facts of the case are that the grandfather of the respondent rented out the premises describable as Booth No.3, Sector 16-C, Chandigarh (hereinafter referred to as "the demised premises") to Piare Lal and Badri Dass, way back in the year 1970 at the rate of Rs.100/- per month. Badri Dass is the father of the petitioner herein. It is the pleaded case of the petitioner, that after the death of Badri Dass, the petitioner inherited the tenancy on the same oral terms and conditions and continuously paid rent to the father of the respondent, and rent was paid up to the month of October, 2007 at the rate of Rs.100/- per month to the father of respondent herein.

4. On the other hand, it is the case of the respondent/landlord that he had inherited the demised premises from his father, and transfer of the demised premises was duly allowed in his name by the Estate Officer, Chandigarh on dated 07.08.2008.

5. As the petitioner was in arrears of rent from February 2007 to December 2013, and as the respondent needed the demised premises for his own personal use and occupation, the respondent filed present eviction petition dated 28.04.2014 under Section 13 of the Act against the petitioner/tenant on grounds of arrears of rent and bona fide personal necessity. As per the pleaded case of the respondent, it had been agreed between the parties that rent would be increased @ 10% per annum and resultantly rate of rent was Rs.5,314/- w.e.f. March 2013 to December 2013. However, Petitioner was in arrears of rent from February 2007 to December 2013. It was further pleaded by the respondent/landlord that the demised premises were required by the landlord for his own personal use and occupation as he wanted to shift from Gurugram to Chandigarh and start his work here. It was stated by the respondent that he tried to start practice as CA in Gurugram but it did not go well as he didn't have links at Gurugram as he originally belongs to Chandigarh. The respondent pleaded before the learned Courts below that he had requested the petitioner time and again to clear the dues of rent, and had repeatedly asked the petitioner to vacate the booth, however, the petitioner kept prevaricating and neither vacated the booth nor paid the due rent. The respondent duly stated in the rent petition that he did not own any property in Chandigarh except for the booth in question.

6. The petitioner appe