DARSHNA DEVI Vs. KEWAL KRISHAN

JUDGEMENT

(1.) The challenge in the present revision petition filed by the tenant under Section 15(5) of the East Punjab Rent Restriction Act, 1949 is to the ejectment order dated 4.6.2011 passed by the Rent Controller, Abohar and also to the appellate order dated 9.9.2013.

(2.) The deceased respondent-Landlord filed a petition on 9.2.2007 seeking ejectment of the petitioner -tenant from the tenanted shop being part of property bearing No.2035/2 situated at street No.15, Bus Stand Street, Abohar. The shop situated in the said property is measuring 8-1/4' X 12' and had been rented out at the rate of Rs. 400/- per month on 5.3.1985 for a period of six months till 4.9.1985. The ejectment was sought on the ground that tenant was in arrears of rent qua the shop in dispute from 1.7.1992 and house tax and fire cess had also been assessed from 2.8.1993 and notice had been served upon him for making payment. The tenant was liable to make payment of fire cess at the rate of Rs. 108/- per year. The tenant was manufacturing and selling attaches but had changed the use of general merchant without the consent and had made holes in the walls and ceiling of the shop and therefore impaired the value and utility. The landlord required the premises for his own use and he was a qualified Doctor and retired from Government service in the year 1999. He was a permanent resident of Abohar and after his retirement he required the premises for doing his private practice and did not own any other premises in the urban estate of Abohar.

(3.) In reply, the tenant had taken the plea that earlier rent petition had been dismissed on 2.12.1996. Another application was filed on 5.6.1996 which was dismissed as withdrawn on 15.11.1996 and therefore, the present petition was only filed with intention to harass the tenant. False claim had been made regarding the arrears of rent, fire cess, house tax etc. and no cause of action arose. The rent had been received from 1.7.1992 to 31.10.1996 through Court. The Rent Controller, Abohar framed the following issues on the pleadings of the parties:-