PAWAN @ KAMAL DEV Vs. DEVENDER MAHAJAN

JUDGEMENT

(1.) The petitioner-tenant has filed this revision petition against the order of the Appellate Authority ordering eviction on the ground that the landlord requires the premises for his bona fide use and occupation. The tenanted premises is a commercial property i.e Booth no. 16, Sector 24-C, Chandigarh. The landlord filed the petition under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949, seeking eviction of the tenant. It was pleaded that the landlord does not have any other premises to work as he intends to start his own business. It has further been pleaded that the landlord does not own any other commercial property in the city of Chandigarh.

(2.) The tenant contested the petition by submitting that the landlord has sufficient source of income. Learned Rent Controller dismissed the petition whereas learned appellate authority has revered the judgment of the Rent Controller and ordered eviction of the tenant.

(3.) This Court has heard learned counsel for the parties and with their able assistance perused the paper book. Learned counsel for the petitioner has pleaded that the respondent-landlord is idle whereas it is proved on file that the landlord is an income tax payee and he has also taken a loan for construction of a house. He, hence, submits that the petitioner did not come to the court with clean hands.