MAHAJAN CLOTH HOUSE Vs. TARA SINGH

JUDGEMENT

(1.) IN order to decide this revision petition briefly the facts may be stated as under : -

(2.) TARA Singh landlord claimed ejectment of M/s Mahajan Cloth House under Section 13-A of the East Punjab Urban Rent Restriction (Amendment) Act, 1985 (hereinafter referred to as 'the Act'), which provides a right to a specified landlord to seek the ejectment of the tenant summarily from the residential building, in case on his retirement he, i. e. the landlord is possessing no suitable accommodation in the locality. The landlord stated that be had inherited the demised premises which was a residential building on the basis of a will alleged to have been executed in his favour by one Resham Singh son of Ganda Singh. The portion in occupation of the tenants was given on rent where they started running a cloth merchant shop, without obtaining prior permission under Section 11 of the East Punjab Urban Rent Restriction Act, 1949. A part from this detail with respect to family etc. and insufficiency of the accommodation were given.

(3.) IT may be pertinent at this stage to refer to a fact that earlier to this application, the landlord had preferred an application for ejectment on the same ground i. e. under Section 13-A of the Act wherein the demised premises were alleged to have been described as a shop; but the application was got dismissed for non-prosecution.