ASHOKA TRACTORS AND ORS Vs. VIJAY KUMAR

JUDGEMENT

(1.) Tenant has invoked revisional jurisdiction of this Court under Section 15(5) of the East Punjab Urban Rent Restriction Act assailing the order dated 22.12.2008 passed by learned Rent Controller, Hoshiarpur as well as order dated 15.6.2010 passed by Appellate Authority, Hoshiarpur whereby the tenant was directed to be evicted from the demised property (shop) on the ground that landlord requires demised property to establish his son Jatin Kumar Malhotra in the business.

(2.) The brief facts of the present case inter alia are that landlord has filed eviction petition against the tenant on the ground that landlord is practicing Income-tax Advocate and is running office adjacent to the Shop in question; son of the landlord Jatin Kumar Malhotra met with an accident while studying in Punjab University and incapacitated to move properly; Jatin Kumar Malhotra son of landlord could pass the examination of LLB with the help of writer because he can not write himself after the accident; it has further been contended that since demised shop is adjacent to the shop of the landlord wherein landlord is running his office and is also adjacent to the house, hence, it would be appropriate and convenient for the handicapped son Jatin Kumar Malhotra to run his business in the demised property.

(3.) Tenant has refuted the claim of the landlord saying landlord has open space adjacent to the shop in question where landlord's son can easily start his business. It has further been contended by the tenant that landlord has absolutely no need of demised shop.