DELHI CLOTH MILLS Vs. LACHHMAN DASS

JUDGEMENT

(1.) THE respondent sought ejectment of the petitioners, inter alia contending that the demised premises is a scheduled building and is a part of the residential house and since he has retired from the office of Improvement Trust, Rajpura he is a specified landlord and is entitled to the possession of the demised premises measuring 10' x 20' described in the petition, in order to start his business.

(2.) THE petitioners sought permission to defend the application and to file an affidavit inter atia, contending that the demised premises is a shop and was leased out to the petitioners as such. It was averred that the respondent sought the ejectment on an earlier occasion also on the some ground but on enhancement of the rent, the application was dismissed as withdrawn.

(3.) IN the written statement filed alongwith the application, it was poined out that the shop in question was leaped out as far back as 1976 and is situated in Shastri Market, Rajpura where there are more than three hundred shops. Apart from this various other defences were taken.