LAWS(P&H)-2004-4-28

JARNAIL SINGH Vs. KARAMJIT SINGH

Decided On April 02, 2004
JARNAIL SINGH Appellant
V/S
KARAMJIT SINGH Respondents

JUDGEMENT

(1.) THE tenant is the petitioner before this Court. He is aggrieved against the order of eviction dated December 4, 2003 passed by the learned appellate authority, Kapurthala.

(2.) LANDLORD , Karamjit Singh, filed an ejectment petition against tenant, Jarnail Singh. The ejectment of the tenant was sought on the grounds of arrears of rent as well as the demised premises having been sublet by the tenant to respondent No. 2 Charanjit Singh. Additionally, the landlord also sought eviction on the ground of personal necessity.

(3.) THE landlord took up the matter in appeal. The learned appellate Authority reappraised the entire evidence. Whereas the learned appellate authority found that the ground of arrears of rent taken by the landlord was not correct but the learned appellate authority held that the landlord had been able to prove that he required the premises for his personal necessity as well as the tenant had sublet the premises to Charanjit Singh without the written consent of the landlord. On the basis of the aforesaid findings, the learned appellate authority ordered the ejectment of the tenant. The learned appellate authority held that the landlord required the premises bona fide for his personal use since he had proved that he wanted the premises in question for starting his own business.