AJAY KUMAR AND ANOTHER Vs. JAGMOHAN SINGH BAINS

JUDGEMENT

(1.) The present revision petition filed by the tenant is directed against the order of the Rent Controller, Hoshiarpur dated 02.02.2010 and the Appellate Authority dated 08.02.2011 in which the ejectment petition was allowed on the ground of personal necessity of the landlord in the shop in question. The said order, as noticed above, was upheld in appeal. The case of the landlord-respondent was that the shop in question was let-out in the year 1973 for Rs. 100/- per month, and thereafter, the rent was enhanced lastly in October, 2002 to Rs. 400/- per month. The original tenant, Rattan Chand has died and the respondents were his sons, and therefore, there was a relationship of landlord and tenant. The ground of ejectment was that the landlord required the shop in question for setting up an academy of Foreign Language in the shop in dispute which was situated at Mahilpur and the landlord was originally resident of the said village. He was having a residential house at Village Mahilpur and had 4 shops in the same village which are now owned by Deepak Kumar in 2004 as he wanted to send his son to Canada. It is alleged that the landlord was employed in Punjab Agricultural University, Ludhiana as Assistant Professor in Foreign Language and retired on 31.12.2007 and wanted to set up an academy of Foreign Language as noticed above which would be of great utility for the residents of the area and knowledge of foreign language would be much helpful to them. He was owner of 3 shops near the bus stand. One shop in the possession of the respondents and the other 2 were let-out to Prem Sagar and Balram Krishan. An ejectment petition filed by the petitioner against Prem Sagar and Balram Krishan was allowed by the learned Rent Controller, Hoshiarpur. The appeal against the same has been dismissed by the Appellate Authority, Hoshiarpur and revision petition is pending in the High Court. Another shop was let out to Balram Krishan and on the 1st floor of these shops, there are 3 rooms, a kitchen and a bathroom. Two rooms were in possession of Ganesh Maghi and the third room and kitchen are in possession of the landlord. The said premises were let-out long time ago when the landlord did not require the same for his personal use. It is, accordingly, alleged that he is not in possession of any other premises nor vacated any such premises and sold the shop to Deepak Kumar for sending his son abroad.

(2.) The petition was contested on the ground that the applicant had never lived at Mahilpur or village Phalahi and since more than 35 years, he was living at Ludhiana where he owns a big kothi and he did not have any residential house at village Mahilpur or village Phalahi. It is, therefore, alleged that the shop had been sold to Deepak Kumar and he had retired from service more than 4 years back and never lived at the village Mahilpur and it is the only ground to get the shop vacated and such like academy does not run well in small town like Mahilpur.

(3.) The Rent Controller, Hoshiarpur, after taking into account evidence on the record, came to the conclusion that the landlord required the premises in question for his own personal necessity and the landlord being the best judge of his needs, it is not for the tenant to dictate the terms to him. The evidence has been brought on record that he had retired as Assistant Professor in Foreign Languages from Punjab Agricultural University, Ludhiana and after retirement he wanted to use his expertise in that field and serve the people of the area by opening an academy of Foreign Language and his bona fide should not be doubted. Accordingly, the ejectment application was allowed. The tenant filed an appeal before the Appellate Authority which was dismissed on 08.02.2011 and resultantly, the present revision petition has been filed.