PUNJAB NATIONAL BANK Vs. JAWAHAR LAL WADEHRA

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order passed by the Authorities under the East Punjab Urban Restriction Act, 1949, whereby an order of ejectment has been passed on the ground that the demised premises is required for bona fide use of the respondent-landlord. The respondent has sought ejectment of the petitioner from the premises bearing No. 236-A, Sarabha Nagar, Ludhiana. It has been alleged that an agreement was executed between the parties and the petitioner came to occupy the same as a tenant without any right over the roof and the staircase on a monthly rent of Rs. 2,000/-. The landlord sought the ejectment of the tenant on the ground that he is carrying on the business of cloth in Chaura Bazar, Ludhiana under the name and style of Paris Cloth House since long. He is living at Phillaur and is a daily commuter, and in view of his advancing age and health reasons, it is hazardous for him to do so as a lot of time is wasted in coming and going. He has pleaded that he has no residential building in the urban area nor he has vacated any such building without sufficient cause after the commencement of the Act.

(2.) IN the written statement, the tenant alleged that the entire property was given on rent including staircase, roof and passage. In respect of bona fide requirement, it was pointed out that the landlord does not require the tenanted premises for his own occupation or for use or occupation of his family but the landlord is using pressure tactic to get increase in the rate of rent. It was stated that the landlord is neither in advancing age nor he is suffering from any disease.

(3.) A perusal of the said agreement shows that the landlord had agreed to construct a new building according to the requirement of the tenant as per plan approved "for its use as office and/or residence for officers". In view of the said clause in the agreement, the building was not constructed exclusively for the non-residential purpose.