MANMOHAN LAL Vs. SHANTI PARKASH JAIN

JUDGEMENT

(1.) In this revision petition, the petitioner-tenant has impugned judgment of the Appellate Authority under the East Punjab Rent Restriction Act, 1949 (hereinafter mentioned as the Act) whereby judgment of the Rent Controller dismissing petition of the landlord seeking ejectment of the tenant was reversed and the petitioner-tenant was ordered to be evicted, interalia, on the ground of personal necessity of the landlord.

(2.) Landlord Shanti Parkash Jain of Nabha (District, Patiala) had sought ejectment of tenant Mohan Lal from the shop in litigation, interalia, on the ground of personal necessity. Finding it to be a case of concealment of facts and having noticed that the landlord was in possession of other shops as well, the Rent Controller had dismissed the petition on 5.12.2012. The Appellate Authority disagreeing with the findings of the Rent Controller on appreciation of facts and evidence had concluded that it was not a case of concealment of facts. Concomitantly, the Appellate Authority had also concluded that ground of personal necessity was proved in favour of the landlord. Sequelly, ejectment of the tenant was ordered.

(3.) Challenging said order of the Appellate Authority, it is claimed by the petitioner-tenant that neither the pleadings preferred by the landlord were in consonance with the statutory requirements nor ground of personal necessity had been proved as a fact but the Appellate Authority had reversed the findings of the Rent Controller without any sound foundation for the said reversal. By way of acceptance of this revision petition, seeking reversal of the judgment of the Appellate Authority, restoration of the order passed by the Rent Controller has been sought.