RAGHBIR SINGH Vs. PARVESH KUMAR

JUDGEMENT

(1.) This order shall dispose of two petitions bearing CR Nos.3469 of 2003 (here-in-after referred to as the "first petition") and CR No.571 of 2009 (here-in-after referred to as the "second petition") as both are interconnected.

(2.) Initially, the landlord filed a Rent Application No.6 of 27.07.1999 under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (here-in-after referred to as the "Act") seeking eviction of the tenant from the demised premises, i.e. shop no.46, situated in front of the Bus Stand, Kharar, on the ground of non-payment of arrears of rent, cease to occupy, sub-letting and the building having become unsafe and unfit for human habitation. That petition was dismissed by the Rent Controller on 19.04.2002 and the appeal filed by the landlord was dismissed by the Appellate Authority on 08.04.2003. The landlord, thus, filed the first petition which was admitted on 25.05.2004.

(3.) Lateron, the landlord filed the second petition bearing RT No.1/12.08.2003 seeking eviction of the tenant on the ground of nonpayment of arrears of rent, cease to occupy and bona fide necessity to settle his 23 years old matriculate handicapped son who is having defect in his left eye and left leg. That eviction petition has been allowed by the Rent Controller on 07.03.2008 only on the ground of personal necessity and the Appellate Authority dismissed the appeal of the tenant on 07.01.2009.