KANWALJIT SINGH Vs. SUKHJINDER SINGH

JUDGEMENT

(1.) This is tenant's revision petition under Sec. 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as'the Act of 1949').

(2.) The facts of the case in brief are, the respondent/landlord (hereinafter referred to as'landlord') filed ejectment application under Sec. 13 of the Act of 1949 against the petitioner/tenant (hereinafter referred to as'tenant') from the demised premises/shop in question on the grounds of non-payment of arrears of rent and personal necessity. The tenant took the shop on rent on 3/1/1997 at the rate of Rs.2,000.00 per month. He was stated to be in arrears thereof w.e.f. April, 1999 till filing of the ejectment application on 6/10/2014, and, therefore, was liable to be evicted from the shop. It was also pleaded that the shop was required by the landlord for his urgent need as he wanted to use and occupy the same as office for the adjoining shop, and he had no other shop or office in the building concerned nor had he vacated any shop after commencement of the Act.

(3.) The tenant appeared before the Rent Controller and admitted the relationship of landlord and tenant between the parties. He, however, stated that the rent was being paid regularly to the landlord till he refused to accept it from him. He further stated that the landlord had two-three other shops in the urban area, adjoining the shop in question, and, therefore, his need with respect to the demised premises was not bona fide.