SANJI RAM Vs. AJIT SINGH

JUDGEMENT

(1.) THE petitioner is tenant of the respondent in the demised shop, with effect from 1977, on a monthly rent of just Rs. 80/- per month. Since 9.1.1999, he stopped paying even this meager amount of rent.

(2.) THE respondent earlier used to sell cloth, on bicycle as a hawker. But, since he is now aged 70-80 years and his health has also become weak, he decided to do cloth business while sitting at shop. He, therefore, asked the petitioner to vacate the shop. The latter failed to "oblige" him. Therefore, he had to knock the door of rent-controller to help him in getting the shop vacated through process of law.

(3.) THE rent controller as well as the appellate authority have held that the respondent requires the shop for his bona fide use and occupation. It is the concurrent finding of fact which is under challenge in this revision.