AVTAR SINGH Vs. SARDUL SINGH

JUDGEMENT

(1.) THIS petition filed under sub-section (5) of the Section 15 of the East Punjab Urban Rent Restriction Act, 1949 (for brevity, the Act) challenges the judgment dated 2.12.2002 passed by the Appellate Authority, Ropar who has affirmed the findings of fact recorded by the Rent Controller, Ropar. The Rent Controller in his judgment dated 1.9.2000 has come to the conclusion that the tenant-petitioner has effected material alterations impairing the value and utility of the demised premises. The personal necessity of the landlord-respondents was also found to be established by the Rent Controller. Therefore, on both these premises, the ejectment of the tenant-petitioner was ordered.

(2.) THE landlord-respondents have filed an ejectment petition under Section 13 of the Act seeking ejectment of the tenant petitioner on the ground that he has effected material alterations which has resulted in impairing the value and utility of the demised premises. The ground of the non-payment of rent and bona fide personal necessity were also taken by the landlord-respondent in the ejectment petition.

(3.) ON the question of bona fide personal necessity, the Rent Controller held that the landlord-respondents were proved to be having no other property to run their business. Therefore, the tenant-petitioner was ordered to be ejected from the demised premises.