MAHANT BACHAN DASS Vs. AMARJIT SINGH AND ORS.

JUDGEMENT

(1.) This revision under sub-section (5) of section 15 of the East Punjab Urban Rent Restriction Act, 1949, has arisen out of an ejectment application filed by the landlord, who is a Mahant of an Akhara, for the eviction of his tenant. Amarjit Singh, from a vacant plot on which the business of a coal depot was being run. Two grounds, one of subletting and the other of personal requirement, were taken in the application. Both these grounds were found against the landlord by the Rent Controller and an appeal filed by the landlord has been dismissed by the Appellate Authority. Hence this revision by the landlord.

(2.) According to the landlord the coal depot was being run by one Anokh Singh and Tejinderpal Singh. This Anokh Singh is no other person than the real brother of Amarjit Singh, the tenant. According to Anokh Singh the coal business was being carried on in partnership with his brother Amarjit Singh and Tejinderpal Singh. There is evidence on the record led by the tenant showing that Amarjit Singh was also working at the depot. In fact, the landlord had received rent on various occasions for this rented land from Tejinderpal Singh. After going through the entire evidence on the record, both the Courts below came to the conclusion that no subletting has been established and after going through the detailed judgment written by the appellate Authority. I find no reason to differ from this finding.

(3.) The case of the landlord with regard to the other point is almost hopeless, because, in his statement there is no mention made by him that he required the rented land for carrying on any business. It is now well settled that rented land can be got vacated only if the landlord requires it for the same purpose for which it was given i.e. for carrying on same business (see Attar Singh v. Inder Kumar, 1967 69 PunLR 83). In the application all that was vaguely stated was that he required the rented land for business, but in his statement in court the landlord did not even suggest that he proposed to carry on any business.