JASBIR SINGH Vs. HARCHAND SINGH

JUDGEMENT

(1.) Respondent had sought ejectment of the petitioner from the premises in question by moving a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (the Act for short) on the ground of change of user, personal necessity, arrears of rent and that the petitioner had made material additions and alteration in the shop in question and had created nuisance. Case of the respondent, in brief, was that the premises in question had been taken on rent by Jasbir Singh at a monthly rent of Rs. 1,500/- for repair of cycle/scooter. However, now the wife of the tenant had started preparing tea for the customers w.e.f. June 2005. Tenant was in arrears of rent since June 2003. Premises in question was required by the respondent for his own personal use and occupation. Tenant had made material alterations in the premises in question and was creating nuisance.

(2.) Petitioner admitted the factum of tenancy between the parties. However, the other contentions in the ejectment petition were denied. The rate of rent as mentioned in the petition i.e. Rs. 1,500/- per month was denied and it was averred that the shop in question had been taken on rent at a monthly rent of Rs. 200/- per month.

(3.) On the pleadings of the parties, following issues were framed by the Rent Controller:-