MANMOHAN SINGH Vs. AGYAKAR SINGH AND ORS.

JUDGEMENT

(1.) Respondent Agyakar Singh filed petition under Section 13 of East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') seeking ejectment of the respondent from the demised premises on the ground of non-payment of rent from 05.01.2006 to 30.09.2010: the premises has become unfit and unsafe for human habitation; the demised premises was required by the respondent-landlord who was retiring on 31.05.2011 from his job to start his own business of driving learning school as he had worked as 'Vehicle Supervisor' during his service. It was also pleaded that the respondent was not occupying or had vacated any shop since the commencement of the Act. The revision petitioner denied his tenancy under the respondent-landlord. It was also denied that the premises has become unfit and unsafe for human habitation; there was change of user of the demised premises or it was required by the respondent-landlord for his personal bona fide necessary. Earlier, a similar petition was filed by the mother of petitioner, which was dismissed.

(2.) Pleadings of the parties led to the framing of following issues:--

(3.) On issue No. 1, learned Rent Controller observed that there exists relationship of landlord and tenant between the parties. The plea of the respondent-landlord that the rate of rent was Rs. 1500 per month was discarded as not proved and the demised premises was found fit and safe for human habitation. The plea of respondent-landlord that he required the demised premises for his personal bona fide necessity, was also discarded for lack of evidence. Consequently, the petition was dismissed by the Rent Controller.