LAWS(P&H)-2015-2-617

G K TRADERS Vs. GURBACHAN SINGH

Decided On February 05, 2015
G K Traders Appellant
V/S
GURBACHAN SINGH Respondents

JUDGEMENT

(1.) CHALLENGE in the present revision petition, filed by the petitionertenant, is to the eviction order passed by the Rent Controller, Sirsa, dated 18.12.2012 (Annexure P1), from the shop in question for the bona fide requirement of the son of the respondent/landlord -Inderdeep Singh. The said order has also been upheld by the Appellate Authority on 21.12.2013 (Annexure P3), which is also subject matter of challenge.

(2.) THE case set up by the respondent -landlord was that the petitioner was inducted as a tenant in shop No.2, ground floor, measuring 15'x9', which was part of building No.260 -A, East Mohan Nagar, Amritsar for 11 months @ Rs. 2000/ - per month, vide rent note dated 27.09.2002. It was alleged that improvements were made in the size of the tenanted shop and the rate of rent increased to Rs. 2500/ - per month and the last rent paid was Rs. 2757/ -, on account of the enhancement clause.

(3.) EJECTMENT was sought on the ground of non -payment of rent from April, 2010 and that the premises were required for the bona fide use and occupation of Inderdeep Singh for establishing his business of direct marketing associate of the HDFC Ltd. and other housing and financing institutions, for disbursement of loans. Inderdeep Singh, the son of the respondent was working as key resource person and the landlord was handicapped and was suffering from paralysis and required his son to be near him. Both the respondent and his son were not occupying any other commercial building/shop in the urban area of Amritsar had not vacated the same without any sufficient cause. The payment of rent was denied to the landlord and it was stated that he had not received the rent despite repeated requests.