HARDEEP SINGH Vs. MANJIT KAUR

JUDGEMENT

(1.) Petitioners(tenant nos.2 to 5) have filed the present revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 against the concurrent findings returned by both the courts below, whereby the petition for ejectment filed by the respondent(landlady) Manjit Kaur on the ground of personal necessity and nuisance was allowed by the learned Rent Controller, Taran Taran vide its order dated 08.2.2012 and the findings thereof only regarding personal necessity were affirmed by the learned Appellate Authority, Taran Taran vide judgment dated 11.09.2012.

(2.) In brief the facts of the case are that the respondent(landlady) Manjit Kaur filed a petition seeking eviction of the petitioners(tenant nos.2 to 5) from the shop in question on the ground that the petitioners are guilty of such acts and conducts which results in nuisance to the occupiers of the building in the neighbourhood as the petitioners(tenants) have started work of denting the scooters along with electric welding in the demised premises, which is causing nuisance to the occupants of the building in the neighbourhood. It was further averred that the premises in question is required by her for her own use and occupation as her major sons Avtar Singh and Kulwinder Singh required the same as they are unemployed and jobless and the premises would be required for carrying on the business by her and said two sons in the demised shops as they intend to start the business of sale of car and scooter spare parts.

(3.) Upon notice, entire averments of the petition were denied and it was stated that no nuisance is caused by them as they do not indulge in hammering scooters at all. The personal necessity of the sons as well as Manjit Kaur/landlady was denied and prayer was made for dismissal of the petition.