BHANDARI GENERAL STORE Vs. MAKHAN SINGH GREWAL

JUDGEMENT

(1.) THIS order shall dispose of Civil Revisions No. 5159 and 5350 of 2005, filed by two different tenants against the orders of their ejectment passed under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as'the Act') on two separate ejectment applications filed by the same Non Resident Indian landlord. Since in both these cases, identical questions of fact and law are involved, therefore, the same are being disposed of by this common order.

(2.) THE respondent-landlord sought ejectment of the petitioner-tenants from shop Nos. 11 and 6 forming part of the same building i.e. property No. B-XX- 732, situated at Gurdav Nagar, Ludhiana, under Section 13-B of the Act, on the ground that he requires the entire building including the shops in question for opening a show room of old and new cars. In the ejectment petitions, it has been pleaded by the respondent that he is a Non Resident Indian and he has returned to India and requires the demised premises, which are part of one building, for his own use to open the show room. For that purpose, the entire building bearing property No. B-XX-732 is required. He has also pleaded that he is owner of the demised premises for the last more than five years.

(3.) COUNSEL for the petitioners have made only two submissions. Firstly, that the respondent-landlord has already got evicted one tenant from part of the demised building under Section 13-B of the Act, therefore, he cannot get ejectment of all the other tenants, including the petitioners, from the other shops. Secondly, that the requirement of the respondent-landlord is not bona fide, and the finding recorded by the Rent Controller in this regard is against the evidence and based on surmises and conjectures.