PRITPAL SINGH Vs. SH.AMAN KUMAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/tenant challenging the order dtd. 5/9/2022 passed by the Rent Controller, Amritsar whereby his application for leave to defend has been dismissed.

(2.) Brief facts are that in January 2001 Kishan Chand, father of the present respondent/landlord had let out the demised premises - the same being describable as 'building No.4265/18, situated in Gali No. 4, Vijay Nagar, Batala Road, Amritsar' - to the petitioner on a monthly rent of Rs.650.00. Since then the petitioner is stated to have been running his small business in this shop 'Electrical Spare Parts' and has been regularly paying the rent. As per petitioner's own case upon the death of Kishan Chand the petitioner has been regularly paying the rent to the present respondent/landlord.

(3.) On 28/9/2021 the respondent filed rent petition being RP/409/2021 under Sec. 13A of the East Punjab Urban Rent Restriction Act,1949 (for short 'the 1949 Act') before the Rent Controller, Amritsar, for ejectment of the petitioner inter alia on the ground that this shop is required for his bona fide need as after retirement he wants to run a business of Karyana shop from the demised premises. It was stated in the petition that the respondent/landlord had retired from Central Government Department, BSNL on 31/1/2020 and therefore, required this shop for his bona fide need. Notice was issued by the Rent Controller, Amritsar to the present petitioner/tenant for 14/10/2021; whereupon the petitioner/tenant appeared before the Rent Controller and filed an application for leave to defend. Respondent/landlord filed a reply to the application for leave to defend and denied all of the grounds.