SOHAN LAL Vs. RAJ KUMAR

JUDGEMENT

(1.) THE present revision petition has been filed by the tenant against concurrent findings recorded by the Rent Controller and the Appellate Authority allowing a petition for eviction filed by the landlord.

(2.) THE facts of the case are not much in dispute. Eviction has been sought from a shop located in Patiala Town. The shop was let out to the tenant on 1.8.1985 for carrying on karyana business. The original owner of the shop was one Charan Dass. He is survived by two sons being Jiwan Lal and Raj Kumar and one daughter Nirmala Devi. The present petition seeking eviction of the tenant has been filed by one of the sons Raj Kumar. Raj Kumar had retired as Deputy Controller (Finance and Accounts), from the State of Punjab on 30.09.1993. The petition was filed on 6.11.1997. In the petition Raj Kumar had pleaded that he required the shop in question for his own use as he wanted to start a business in the shop after his retirement. Elaborating his need, he stated that earlier his father had been carrying on the business of selling bamboo/bamboo products in the market. In fact the entire market is selling bamboo products and is known as "baans bazar". He stated that after his retirement he desired to shift to Patiala and re-start the said business which was carried on by his father.

(3.) AFTER examining the pleadings of the parties and the evidence on the record, the learned Rent Controller concluded as hereunder :-