KANWALJIT SINGH WALIA Vs. GURCHARAN KAUR

JUDGEMENT

(1.) This Revisional Application is directed against the Judgment dated 19.12.2014 passed by the Ld. Appellate Authority, Ferozepur in Rent Appeal No.156 of 2013 affirming the Order of the Rent Controller, vide which the Eviction Petition filed by the Respondent/Landlady under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 had been allowed.

(2.) In their concurrent findings, both the Ld. Courts below have held the Respondent/Landlady to be entitled to have the Petitioner/Tenant evicted from the demised Shop on the ground of her personal necessity inasmuch as she wants her own son to start his business in the same. It was her case originally that due to his ill- health, her husband was unable to do any gainful work, and so her son was required to start his own business in the demised Shop as he was otherwise working in a Karyana Shop elsewhere. It has further transpired that the said husband of the Respondent/Landlady namely Dilbagh Singh died during pendency of the original Eviction Application. The Petitioner/Tenant had denied the Respondent's Claim in this regard that personal bonafide requirement of the Landlady was false, since her son was running his own Karyana Shop and was not working anywhere as an employee, and that in any event, the Eviction Application was liable to be dismissed in view of the fact that the Landlady had omitted to mention in the same that either she was not in occupation of any other such premises/Shop in Municipal Area, had got the same vacated before filing of the Application.

(3.) Ld. Counsel for Petitioner alongwith his Written Synopsis has relied upon the following decisions in suppot of the contention that the Eviction Petition of the Respondent/Landlady ought to be dismissed for wilful suppression of the fact that she was also in occupation of another Shop when filing the Eviction Petition -