RAJINDER KUMAR Vs. HAROPINDER SINGH

JUDGEMENT

(1.) This revision petition has been filed at the instance of tenant, whose eviction from the demised premises was ordered vide order dated 20.02.2008 by the Rent Controller, Ajnala and even the appeal filed by him against the aforesaid order of eviction was also dismissed by the Appellate Authority vide order dated 10.09.2010. Suffice it to say that the respondent-landlord had filed an eviction petition against the petitioner for his eviction from the demised premises on various grounds; however, eviction of the petitioner has been ordered only on the ground that the demised premises are required by the respondent-landlord for his personal use. A perusal of the impugned judgments of the authorities below would show that the personal need of the respondent-landlord was set up in the following words: "that petitioner requires this demised shop for his personal use and occupation to run business of sale of pesticides and other medicines since he is a Pharmacist by profession and he does not own nor has vacated any shop in the urban area of Ajnala after commencement of Rent Act, 1949. Despite his requests respondents did not vacate the shop. Hence this petition."

(2.) The tenant-petitioner contested the aforesaid ground taken by the respondent-landlord submitting that the respondent-landlord does not require the demised shop for his alleged personal use, further adding that respondent-landlord has concealed from the Court that he is possessing three vacant shops adjoining to the shop in dispute and he also owns various non-residential properties in Ajnala and about two years back he got vacated a shop from one Gajjan Singh and another shop from Pardeep Kumar, who had also executed rent note dated 23.05.1990 in favour of the respondent-landlord in which description of other properties owned by him were also given, and thus, the landlord does not fulfill the conditions of eviction on the ground of personal necessity.

(3.) While allowing the eviction petition, the Rent Controller, Ajnala, vide order dated 20.02.2008, held as under: