AMOLAK SINGH Vs. S. KARTAR SINGH

JUDGEMENT

(1.) Learned counsel for the petitioner has submitted that the landlord had instituted the eviction petition on the ground that the petitioner was in arrears of rent at the rate of Rs. 1,350.00 per month w.e.f. 1.6.2006 to 31.8.2007 and further that he has made material additions and alterations in the demised shop, without the written consent of the landlord, which impaired its value and utility. Another ground pleaded was that the respondent is the source of nuisance to the landlord and also to the neighbours. Lastly, it was pleaded that the demised shop was required for the use and occupation of the respondent/landlord as he intended to run a grocery shop therein to earn his livelihood.

(2.) The Rent Controller, Amritsar, vide his order dated 1.10.2009, came to the conclusion that the rent of the demised shop was Rs. 350.00 Civil Revision No. 6095 of 2010 2 per month and the same was tendered by the tenant. Thus, the ground of non payment of rent was not available to the landlord. However, the Rent Controller ordered ejectment of the petitioner/tenant on the grounds, firstly that he has made material additions and alterations in the demised shop, which impaired its value and utility. Secondly, it was held that the personal necessity of the landlord has been made out. The Appellate Authority, Amritsar, vide his order dated 13.8.2010, has reversed the finding, recorded by the Rent Controller, regarding the material alterations and additions, but affirmed the finding of personal necessity.

(3.) Mr. Balbir Singh, Advocate, appearing for the petitioner, has submitted that the respondent/landlord is aged about 80 years and he is not in a position to run the grocery shop. Thus, the ground of personal necessity is a mere excuse to get the shop vacated.