BHUPINDER SINGH Vs. DHARAM PAUL

JUDGEMENT

(1.) Vide order dated 03.04.2013, eviction of the petitionertenant was ordered by the Rent Controller, Amritsar. Appeal preferred against the said order failed and was dismissed vide judgment dated 11.02.2015. This is how, the petitioner is before this Court.

(2.) In an eviction petition preferred by the respondentlandlord ejectment of the petitioner-tenant was sought from the premises in question i.e. a shop situated in gali No.3, Kot Mit Singh, Tarn Taran Road, Amritsar, that forms part of building No.209. It was maintained that the respondent was idle and had no source of income other than the rental income as his two young sons namely Rakesh Kumar and Parvesh Kumar, had unfortunately died. His daughter namely Neeru was married at Haridwar. Post death of both his sons, he became financially wreck and, thus, intended to do business of karyana goods in the demised premises, as the shop in question was most suited for the said business.

(3.) In defence, it was pleaded, inter alia, that the need of the respondent-landlord lacked bona fides and was, thus, a farce. Though, both his sons had died but that had no relevance. Respondent had sufficient rental income from the demised premises as also from the other shops in the same building, therefore, he actually did not require the premises. In fact, there were three other shops adjacent to the demised premises in the same very building and one of those was in occupation of another tenant and two were lying vacant.