NAND KISHORE Vs. SURINDER KAUR

JUDGEMENT

(1.) The tenant - revisionist has invoked the revisional jurisdiction of this Court under Section 15(5) of the East Punjab Urban Rent Restrictions Act, 1949 (hereinafter referred to as the Act), challenging the judgment dated 26.05.2009 passed by the learned Appellate Authority, Patiala, whereby eviction petition of the landlady - respondent was allowed and revisionist - tenant was directed to hand over the vacant possession of the premises in question within three months from the date of the judgment to the landlady.

(2.) The brief facts of the present case are that landlady - respondent herein filed an eviction petition against the tenant - revisionist in the Court of learned Rent Controller, Patiala, inter-alia, alleging therein that shop in question was rented out to the tenant to run karyana business, however, the tenant has started selling cigarettes and biris etc. in the shop in dispute. Landlady and her husband are Amritdhari Sikhs, hence, selling of cigarettes and biris etc. in the shop is causing nuisance and it amounts to change of its user. It is further contended by the landlady that her husband has retired from the job. One adjacent shop is lying vacant, the landlady requires the shop in question so that both the shops can be converted into one big unit by removing the intervening wall to start a commercial college therein. The shop in question is required for personal use and occupation and to meet the resources of income for the petitioner and her husband.

(3.) The tenant - revisionist has contested the eviction petition by way of filing written statement. The tenant - revisionist denied the change of user and also denied any need in favour of the landlady.