BISHAN LAL Vs. GOPI RAM

JUDGEMENT

(1.) The landlord-petitioner has filed this revision petition against the order of the Appellate Authority, dated October 30, 1975 whereby the order of the learned Rent Controller, accepting the ejectment application, was set aside and consequently, tenant's ejectment was declined from the rented land.

(2.) Bishan Lal, landlord-petitioner filed ejectment application on November 23, 1971 against his tenant Gopi Ram, respondent from a plot, i.e. rented land measuring 144 square yards on the ground inter alia that be requires the premises for his own use. He further stated that be requires the aforesaid plot for his own use and that he wanted to set up a fire wood stall to be run by Radhe Sham, his son (AW 2) who lives with him. it was also pleaded that be is not occupying in the urban area concerned, for the purpose of his business any other rented land and he has not vacated any such rented land without sufficient cause after the commencement of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called the Act)

(3.) The tenant contested the application and stated that the premises in dispute are not required by the landlord for his personal use, nor is he in any need of getting a firewood stall started by his son and that the necessity of his son cannot be treated as the necessity of the landlord.