JASMIT SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) THE revision petition is at the instance of the tenant against whom eviction was sought on two grounds, namely, default in payment of rent and for bonafide requirement by the 1st petitioner and his son for establishing business. The 1st petitioner was stated to be in Calcutta and he wanted to come back and start his business with his son. The 2nd petitioner before the Rent Controller was the co -owner. The petition for eviction was dismissed holding that the personal necessity, as pleaded by the 1st petitioner before the Rent Controller, had not been established. The rent had been paid during the pendency of the proceedings before the 1st day of hearing and the ground of eviction for default of payment did not survive for adjudication.

(2.) THE 1st petitioner for whose personal requirement and for requirement of his son the petition had been filed did not prefer an appeal. The 2nd petitioner, who was co -owner, alone filed the appeal and cited his co -owner as respondent. The tenant did not appear before the appellate authority. The appellate authority reversed the finding of the Rent Controller and found the personal necessity of the 1st petitioner as having been established.

(3.) THE counsel appearing on behalf of the tenant points out that when the requirement spelt out was a proposal to commence business for his unemployed son and when the Rent Controller held that the necessity has not been established, he alone could be the person aggrieved and was competent to file an appeal under Section 15 (1) (g) (b) of the Punjab Rent Restriction Act, 1949. If he did not assail the finding and rest contended with merely a co -owner preferring the appeal, the decision cannot be reversed. The counsel points out that the personal requirement under the Act could be of himself or his son and when the 2nd petitioner alone was filing the appeal, he could not have urged that the property was necessary for his brother's son who is not a 'relative' within the definition of the Rent Act for whose benefit the eviction could be sought.