GAMA Vs. SHAUKAT ALI KHAN

JUDGEMENT

(1.) The petitioner-tenant has filed the instant revision in terms of Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949 (to be referred hereinafter as 'the Act'). The respondent-landlord sought eviction on the grounds of non-payment of rent w.e.f. 1.11.1997 @ Rs. 175/- per month and also that he requires the premises for his own use and occupation. It was stated that the respondent is unemployed and wanted to run his own business of selling the milk in the shop in question. The only ground that survives is with regard to the personal need and occupation of the demised premises by the respondent as this ground for eviction was accepted by both the Courts below. The eviction petition filed by respondent is dated 25.3.1998.

(2.) The petitioner denied that the shop in question was required by respondent-landlord for his own use and occupation for selling milk. It was further pleaded that earlier also an application for eviction was filed on the ground of non-payment of rent and that the premises was unfit and unsafe for human habitation. That petition was, however, dismissed as withdrawn on 29.11.1991. It was further stated that the respondent-landlord has many other shops in the urban area of Malerkotla which he rented out to the tenants. He also has landed property in the Municipal Limits of Malerkotla. The respondent also filed rejoinder and the learned Rent Controller framed the followings issues from the pleadings of the parties:-

(3.) I have heard learned counsel for the parties and perused the orders passed by both the Courts below as well as the records.