S. NARINDER SINGH Vs. MANOHAR SINGH

JUDGEMENT

(1.) The tenants are in revision against the orders of the learned Courts below by which they have been ordered to vacate the shop forming part of old building No. 4642/37 (new No. 9489/37), situated at Abadi Sarwarpura, Sultanwind Road, Amritsar which is in their possession @ Rs. 500/- per month and is being used for paint business.

(2.) The landlord sought eviction of the tenants, inter alia, on the grounds of non-payment of rent w.e.f. 01.01.2001 till date and use and occupation of his son Barinder Singh who intended to start business of grocery. While contesting the eviction petition, the tenants paid arrears of rent on the first date of hearing and as such, the ground of non-payment of rent was over and the personal need of the landlord was denied. On the pleadings of the parties issues were framed to which both the parties led their oral as well as documentary evidence. The learned Courts below passed the eviction order while deciding the only issue of personal necessity. The tenants had argued that the necessity of the landlord is no more in existence as his son Barinder Singh had already shifted to United States of America where he has been married and settled. The learned Appellate Authority did not accept this contention as it was found to be beyond pleadings.

(3.) Thus, the only question raised in this revision petition by learned counsel for the petitioners/tenants is that the demised premises (shop/shed) being part of the residential house, is a residential building which cannot be got vacated for the non-residential purposes.