ANIMA BISWAS Vs. GURBACHAN SINGH

JUDGEMENT

(1.) Tenant has invoked revisional jurisdiction of this Court under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), assailing the judgement dated 11.6.1999 passed by the Rent Controller, Rajpura, thereby allowing the eviction petition filed by the landlord - respondent herein, under Section 13-A of the Act.

(2.) Brief facts of the present case are that landlord has filed petition under Section 13-A of the Act, contending therein that the landlord stood retired on 30.11.1991 from the Municipal Committee, Rajpura, hence, is a specified landlord as defined under the Act; revisionist herein is a tenant in the two rooms shown as ABCD in the site plan, constructed in residential House No. B-X-324, Mohinder Ganj, Court Road, Rajpura, at the rate of Rs. 150/- per month and has failed to pay arrears of rent from 1.6.1991 to 31.8.1991. Landlord needs the premises in dispute for residential purpose for his family and his personal residence. The accommodation presently available with him is insufficient for him and for his family.

(3.) Tenant - revisionist herein filed written reply. He sought and was granted leave to defend eviction petition under Section 13-A of the Act. It is contended by the tenant that tenanted premises are two shops and not two rooms. In the shops tenant is running her clinic since very inception. Tenanted shops are not part of the residential building. Petition under Section 13-A of the Act is not maintainable for the eviction from the shops in question.