SUDARSHAN KUMAR Vs. MANOJ KUMAR

JUDGEMENT

(1.) THE present revision petition has been filed against the order of ejectment dated 22.1.2005 passed against the petitioner by the Rent Controller, Bathinda, and affirmed by the Appellate Authority, Bathinda, vide order dated 29.8.2005.

(2.) SHRI Lachhman Dass deceased landlord had filed the eviction petition on 12.11.1994 against the petitioner-tenant under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (in short the 'Act') for vacation of shop comprising of two rooms, one inner floor (Miani), which is the part of building No. 4713 situated in Hospital Bazar, Bathinda. It was claimed that the shop was 70 years old and was in a highly dilapidated condition as number of big cracks including vertical in nature have crept in the walls and the roof of the shop was also in badly dilapidated condition. It was further claimed therein that some portion of the first floor and second floor had fallen and the building can fall at any moment as it has outlived its life and, therefore, was not fit for human habitation. It was also claimed that a notice had also been issued by the Municipal Committee under Section 113/114 of the Municipal Act.

(3.) THE application was contested by the tenant-petitioner herein. It was claimed that the shop in dispute was fit for human habitation. It was further claimed that it was newly constructed at the time when he was inducted therein. It was also claimed that the floor, walls and roof of the shop were in good condition and completely safe for human habitation. However, personal necessity of Shri Manoj Kumar was denied being neither genuine nor bona fide. It was also claimed that he was well settled in his village and had sufficient agricultural land and, therefore, he had no necessity to shift to Bathinda to start his business.