M/S BHARAT ELECTRICALS Vs. SUKHDEV RAJ GOYAL

JUDGEMENT

(1.) The tenants are in revision against the order of eviction passed by the learned Rent Controller dated 06.09.2010 on an application filed by the landlord under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 [for short "the Act"] in respect of a shop and godown which forms part of a residential house bearing Municipal No. 5095, situated in Tehsil wali Gali, Bathinda. In brief, the landlord filed a petition under Section 13-A of the Act alleging therein that he is the owner of the demised premises which fell to his share in a family partition and was let out to the petitioners-tenants for commercial purposes and since he has retired from the service, therefore, he requires the demised premises for his personal use and occupation.

(2.) The tenants filed an application under Section 18-A of the Act which was allowed on 16.12.2008 and were granted permission to file written statement. In reply, the ownership of the landlord and tenancy were admitted. It was admitted that the demised premises forms part of the residential house, but it was contested that an application under Section 13-A of the Act is not maintainable in respect of a commercial property as under the said provisions, the landlord could recover possession only of a residential building or a scheduled building for his own use and occupation. However, the learned Rent Controller allowed the eviction petition.

(3.) At the time of notice of motion on 29.11.2010, this Court had passed the following order: