ATTAR SINGH Vs. INDER KUMAR

JUDGEMENT

(1.) The main question raised in this appeal by special leave from the judgment of the Punjab High Court is the interpretation of S, 13 (3) (a) (ii) of the East Punjab Urban Rent Restriction Act, No. III of 1949, (hereinafter referred to as the Act). Brief facts necessary for determination of this question are these. The appellant was the tenant of certain land at Lahori Gate, Patiala. It is not in dispute that the land in question is "rented land" within the meaning of S. 2 (f) of the Act inasmuch as the land was taken by the appellant for the purpose of a firewood stall. The original owner of the land became an evacuee, and eventually the respondent purchased the land from the Managing Officer and a sale certificate was issued in his favour on May 31, 1963. The appellant thus became the respondent's tenant. Thereafter the respondent filed an application for the ejectment of the appellant on a number of grounds. One of the grounds in support of the claim for ejectment was that the respondent needed the land for erection of a residential house'. It is this ground with which we are mainly, concerned in the present appeal. The case of the appellant on the other hand was that even if the respondent required the land for construction of a residential house he could not be given an order of ejectment under S. 13 (3) (a) (ii). That is how the interpretation of this provision mainly arises in the present appeal.

(2.) The Rent Controller held that it was clear that the respondent did not need the land for running any business and only needed it for constructing a residential house for himself. He took the view that rented land could only be got vacated under S. 13 (3) (a) (ii) if the landlord needed it for a business purpose. On the other points raised in the case the Rent Controller found against the respondent Therefore he dismissed the application.

(3.) The respondent then went in appeal to the Appellate Authority. The Appellate Authority allowed the appeal. It was of the view that it was open to the landlord to get a tenant ejected from rented land under S.13 (3) (a) (ii) whatever may be the purpose for which the landlord required the land for his own use. The Appellate Authority followed the decision of the Punjab High Court in Municipal Committee, Abohar vs. Daulat Ram. ILR (1959) Punj 1131. The other points raised in the appeal were also decided in favour of the landlord and the Appellate Authority allowed the appeal and directed the tenant to put the landlord in possession.