SURJIT SINGH Vs. GIAN SINGH

JUDGEMENT

(1.) THE tenant has come up in Revision Petition against the order of the Rent Controller, ordering his ejectment from the demised premises.

(2.) THE respondent (hereinafter referred to as the landlord) filed an application for eviction of the petitioner (hereinafter referred to as tenant) under Section 13-A of the East Punjab Urban Rent Restriction Act (in short the Act) on the ground that the demised premises is a part of residential building No. 608/13 situate in Rani Bazar, Sharifpura, Amritsar. The landlord is a specified landlord having retired from government service on June 30, 1987. He required the demised premises for his own use and occupation. The tenant changed the demised premises into a shop without the permission of the landlord. The tenant denied that the landlord is specifics landlord or is a landlord qua him. The demised premises is a shop and was let out for business purposes. Therefore, the provision of Section 13-A of the Act is not applicable.

(3.) THE learned Rent Controller framed the following issues :-1. Whether the applicant is entitled to the possession of the premises in dispute, as prayed for ? OPA 2. Whether the premises in dispute is a non-residential building and does not fall under the provisions of Section 13-A of the Rent Restriction Act ? OPR 3. Relief.