SHAM LAL Vs. SANT RAM

JUDGEMENT

(1.) THE petitioners are the owners-landlord of the rented land in dispute situated in Ludhiana and in occupation of the respondents as tenants were they are carrying on the business of selling fire-wood and coal. In 1976 the petitioners filed an ejectment petition against the respondents on the ground personal requirement of Sham Lal petitioner where he desisted to start a similar business of selling fire-wood and coal. The Rent Controller vide order dated 4th August, 1980 held that the claim of Sham Lal for personal requirement of the rented land was genuine and the respondents were ordered to be ejected. The respondents assailed the order of the Rent Controller in appeal. The Appellate Authority accepted the appeal vide order dated 9th February, 1982, holding that Sham Lal petitioner did not genuinely require the land in dispute for his personal use and further the petitioners had an open plot adjacent to the rented land in dispute, where the business could be started by Sham Lal, if he so desired. The order of the Rent Controller was consequently, set aside and the ejectment application of the petitioners dismissed. It is against this order of the Appellate Authority that the present revision has been filed.

(2.) SHAM Lal petitioner stated in his statement that he required the land in dispute for carrying on the business of sale of fuel wood etc. he has retired from service. The petitioners do not own or possess any such vacant land in Ludhiana nor had they vacated any such land. The land was purchased from its original owner in 1957. The respondents were in possession thereof since before its purchase by them. They had built two shops in 1958-59 over a part of the property that they had purchased in 1957. The place were the shops had been built was in occupation of Faquir Chand and Balwant Rai as tenants Faquir Chand had a khokha over the land. He removed the khokha. One of the two shops has been rented to him at Rs. 25/- per month. Jai Dev petitioner is a cashier in State Bank of India whereas Ram Dev Balram Dev petitioners are doing hosiery business. He has not done the business of sale of coal and fire-wood so far. He has had training in this business from Ram Lal. The area of the land in dispute is 40' X 40'. A chhappar has been constructed on an area measuring 40'X 13'.

(3.) SHAM Lal petitioner was a cashier in Bank. He retired in 1973. In 1976 he was aged about 63 years. He is neither in service nor has he started business since after his retirement in 1973. The ejectment petition was filed in 1976. One of his brothers is a cashier in the State Bank and two other brothers are in hosiery business. The business of sale of fire-wood and coal does not require a technical expertise. According to Sham Lal petitioner he has had some training in this business as well. Keeping in view his status in life it is also difficult to hold that he cannot afford finances for running this business. The onus to prove that the rented land is required for personal requirement is on the petitioners. Keeping in view, the evidence led on the file and the attending circumstances it will be proper to hold that the claim of Sham Lal petitioner that he requires the rented land in dispute for his personal requirement for running the business of sale of fire-wood and coal appears to the genuine. A contrary finding on this point recorded by the learned Appellate Authority cannot be sustained.