ASHOK KUMAR Vs. KULJEET SINGH

JUDGEMENT

(1.) Respondent-landlord filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 ( in short the Act), seeking ejectment of the petitioner-tenant from- Booth No. 57, Sector 16-D, Chandigarh. It was his case that he is owner of the demised premises and the petitioner is a tenant on monthly rent of Rs. 600/- per month, excluding electricity charges etc. w.e.f. 1.6.1981. Respondent further stated that after completing his Masters decree in History, he set up a poultry farm near Zirakpur under the name and style of M/s Sandhu Poultry Farm. He had been selling his poultry products in the wholesale market, profit earned by him was less, as compared to selling those very products in the retail market. His wife was sitting idle. Both of his children were grown up, as such, he intended to engage himself and his family members in spreading his business further and for the said purpose, he intended to open a retail outlet of poultry products in the demised premises. When his request to vacate the shop, in dispute, was not acceded to by the petitioner, he filed application for his ejectment.

(2.) Upon notice, petitioner put in appearance and controverted averments made by the respondent. It was his specific stand that ground of personal necessity, for ejectment, is not available to the respondent-landlord. It was further stated that the poultry farm, which the respondent had started, was lying closed for the last about three years. Wife of the respondent-landlord has no business experience, as such, she would not be in a position to run the retail outlet, as alleged. It was further stated that it was a case of greed, as the respondent-landlord only intended to increase rent and when the said unreasonable demand was refused by the petitioner, the ejectment application was filed.

(3.) The Rent Controller, on perusal of pleadings of both the parties, framed the following issues:-