AJAIB SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) THIS is landlord's revision directed against the orders of the authorities below dismissing his petition for the ejectment of his tenant on the ground of personal necessity.

(2.) THE tenant (respondent herein) vide rent-note dated 15th September, 1971, took on rent two rooms including courtyard at the rate of Rs. 100/- per month, the front portion for the running of the shop and the back portion for the purpose of his residence. In 1974, a compromise took place between the landlord and the tenant vacated the back portion and retained front portion i. e. shop on rent of Rs. 55/- per month. He also executed a rent-note dated 20th November, 1974. Ejectment of the tenant was sought on the ground that the landlord required the premises for his own use and occupation and for the accommodation of his family.

(3.) THE tenant contested the petition. In the written-statement he denied that the premises were required by the landlord for his personal use and occupation. It was also claimed that the premises cannot be got vacated for personal necessity as the premises in occupation of the respondent is not 'residential building' as defined under the East Punjab Urban Rent Restriction Act but is a shop. The Rent Controller dismissed the ejectment application after finding that the ground of personal necessity is not available to the landlord as the premises in occupation of the tenant is a shop.