RAKESH KUMAR Vs. GOPAL KRISHAN

JUDGEMENT

(1.) This petition has been filed against the concurrent orders evicting the petitioner from the property in dispute. The property in dispute is 4 rooms on the ground floor of a residential building situated in the area of Panchayat Mandir Wali Street on the backside of Handiaya Bazar near Aggarwal Janj Ghar, Barnala. After his retirement, the respondent filed the instant petition claiming that he wanted to start his business in the premises in dispute. Both the Courts found the necessity to be bonafide and allowed the petition.

(2.) The only argument raised by learned counsel for the respondent is that once the premises were residential the landlord could not seek eviction on the ground that he needed the premises for a non-residential purpose.

(3.) Learned counsel for the respondent however points out that this is the case of the petitioner himself that though there was a door, it has been closed since the inception of the tenancy and as a point of fact the landlord could not access the building from the shops.