GANESH KUMAR Vs. INDERJIT

JUDGEMENT

(1.) This revision is preferred by the petitioner -Ganesh Kumar, who was tenant before the learned Rent Controller against the order dated 19.04.2012 passed by the learned Rent Controller, Mukerian vide which the petition under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 (in short "the Act") for the ejectment of the tenant from the demised shop was accepted and the judgment dated 01.11.2014 passed by the learned Appellate Authority, Hoshiarpur vide which the appeal preferred against the abovesaid order of the learned Rent Controller was dismissed. The case of the respondent herein (landlord) before the learned Rent Controller in brief was that petitioner herein is the tenant in the demised shop at a monthly rent of Rs. 300/ -. There exists relationship of landlord and tenant between the parties qua the demised shop. Respondent herein (landlord) is unemployed having no source of income to support himself and his family members after the death of his father. Now he is in bona fide need and necessity of demised shop, since he is planning to start his own electrical business in the demised shop and hence was the instant petition.

(2.) Upon notice, respondent appeared and filed his reply taking preliminary objections that respondent herein (landlord) has not come to the Court with clean hands and this petition is not maintainable.

(3.) On merits, it was denied that the respondent herein (landlord) required the demised shop for starting his own electrical business in it. It was further his case that respondent herein (landlord) has no experience/knowledge of electrical business. Then it was also his plea that this petition has been filed with the ulterior motive for renting out the demised shop on higher rent. Rest of the averments were also denied by the petitioner herein (tenant).