BRIJ LAL Vs. DEV RAJ

JUDGEMENT

(1.) PETITIONER filed ejectment application on the ground that he, being a specified landlord is entitled to eject his tenant under Section 13-A of the East Punjab Urban Rent Restriction Act (Hereinafter referred to as the Act ). It was claimed in the petition that the building belonged to Hindu Undivided Family, which by way of family partition was partitioned and decree to that effect was also obtained from the Civil Court. According to him, after the partition, he is owner of the building to the extent to 1/2 share Permission from the Municipal Committee was sought to construct two rooms and a Deori in between. After construction, these rooms were let out as shops. One of the rooms, in family partitition, had fallen to his share.

(2.) EJECTMENT application was contested by the tenant who not only denied the status of the petitioner being a specified landlord but also stated that the room is a shop and was let out for the purpose of business and trade and, therefore could not be got vacated on the ground of personal necessity

(3.) THE Rent Controller though found that the petitioner is a specified landlord, yet dismissed the ejectment application, as on record it was found that premises in occupation of the tenant is a shop and was let out for non residential purposes and hence cannot be got vacated for personal necessity. This order is being challenged by the petitioner here in this civil revision.