TARA CHAND CHANDANI Vs. SHASHI BHUSHAN GUPTA

JUDGEMENT

(1.) The landlord petitioner has filed this revision against the order of Appellate Authority Ludhiana dated November 26, 1977, whereby the order of the Rent Controller, dismissing his application for ejectment, has been maintained.

(2.) The premises in dispute is a portion of a residential building known as 'Lakshmi Vishnu Bhawan' situated on Kailash Cinema Road, Civil Lines, Ludhiana. Vide rent note dated 26th July, 1962 (Exhibit A1) the premises in dispute, consisting of three rooms i. e. one office room on the first floor and two rooms on the second floor with bath, latrin, kitchen and store etc. was given on rent on e monthly rent of Rs. 133/-. The application for ejectment has been filed by the landlord-petitioner on the ground that he bona fide requires the premises for his own use and occupation. In the written statement filed on behalf of the tenant a plea was taken that the premises in dispute are not a residential building as it is being solely used for business and therefore the land lord is not entitled to get the premises vacated on the ground of his personal occupation. On the pleadings of the parties. the following issues were framed:-

(3.) I have heard the learned counsel for the parties at great length. The main question which requires determination in this case is whether the premises which were let out to the tenant to run his office as Chartered Accountant become non-residential building as contemplated under Section 2(d) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as `the Act'). In order to determine this question certain provisions of the Act are necessary to be reproduced hero. Section 2(d) of the Act defines "non-residential building" and reads thus:-