GURINDER SINGH Vs. JASBIR SINGH

JUDGEMENT

(1.) The present petition has been filed assailing the order dated 09.03.2016 passed by the Rent Controller, Fatehgarh Sahib, whereby a petition under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949, for ejectment of the petitioner from the demised shop, has been allowed, appeal against which preferred by the petitioner stands dismissed by the Appellate Authority, Fatehgarh Sahib, on 21.09.2016.

(2.) It is the contention of learned counsel for the petitioner that the respondent is 74 years of age and is not keeping good health. Even his eyesight is failing him and, therefore, the necessity which has been projected by him to start a large scale karyana shop in the demised premises along with the other shops, appears to be only a pretext to seek eviction of the petitioner from the demised shop. He further contends that he has three other shops which could have been easily utilised by the respondent for starting his business of karyana. That apart, he contends that the respondent has two sons, who are settled along with their families in United States of America and are well of there and have permanent residency. Since they are happily residing abroad, there is no possibility of his sons coming and joining the business at a later stage, as has been asserted by the respondent-landlord. He, thus, contends that the orders passed by the authorities below cannot sustain and deserve to be set aside for the simple reason that the respondent-landlord has not been able to establish the bona fide personal necessity as mandated under the statute. His further assertion is that the respondent-landlord has been harassing the petitioner earlier also which forced the petitioner to file a suit for injunction which has been granted and it is now with this petition that the eviction is being sought of the petitioner. The only purpose for which the petition has been filed is to get the shop vacated and not to utilise it for the requirement, as has been projected by the respondent. He, thus, prays for setting aside the impugned orders passed by the authorities below.

(3.) I have heard the submissions made by learned counsel for the petitioner and have gone through the impugned orders.