JAGDISH RAI BEHL Vs. PARVEZ KUMAR

JUDGEMENT

(1.) Tenant - revisionist 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), challenging the judgment / order dated 22.10.2009 passed by the learned Rent Controller, Bathinda, as well as judgment / order dated 11.01.2010 passed by the learned Appellate Authority, Bathinda.

(2.) In nutshell, facts of the present case, inter-alia, are that the landlord - respondents have filed eviction petition against the tenant - petitioner herein on three grounds viz. tenant is in arrears of rent from May 1993 till the date of the filing of the eviction petition; tenant has broken the northern wall of the shop and opened a door and thereby materially impaired the value and utility of the shop and has weakened the walls of the shop; and landlord requires the tenanted shop for his business; landlord is engineer in Computer Branch and did his BE in computer branch from Nagpur University, Nagpur, in the year 1993 and he intends to open a compute centre in the tenanted shop. At present, landlord is running his computer centre business in a room on the first floor in Gole Diggi Market, The Mall, Bathinda, however, that place is not suitable for the landlord and he intends to start computer business in the demised shop.

(3.) Tenant-petitioner herein refuted the claim of the landlord by way of filing written statement and denied the fact of arrears of rent, and also denied that tenant has opened any door in the northern wall and has materially impaired the value and utility of the shop. Tenant further denied any need in favour of the landlord. It is further contended by the tenant - petitioner that landlord is having two adjacent shops which were being let out for liquor vend purposes on year to year basis in favour of the contractor obtaining license to run liquor vend. It is further contended by the tenant that had there been any need landlord would have not let out the adjacent shop for the liquor vend on year to year basis.