LAL KUMAR Vs. SURINDER KUMAR GARG AND ANR.

JUDGEMENT

(1.) The respondents are landlords of the shop forming a part of House No. 9607/5 -I, situated in Guru Nanak Nagar, Gali No. 4, Main Road, (Tafazzalpura) Patiala (hereinafter referred to as "the shop"). The petitioner is a tenant on that shop, on rent @ Rs.1,000/ -per month plus house tax. Respondent -Surinder Garg had purchased that plot, vide a registered sale -deed, in the month of August, 1968. He received the rent from the petitioner -tenant in a previously instituted rent petition. Respondent -Usha Garg used to receive the rent of the shop in dispute from the respondent on behalf of petitioner No. 1, being his wife and agent. The respondents applied for the ejectment of the petitioner from the shop on the plea of the latter being in arrears of rent and house tax w.e.f. 1.11.2000 and also on the plea of bonafide personal requirement. The averment, in the context, was that respondent -Surinder Garg, having retired as an Assistant Executive Engineer on 31.3.1999, required the premises for his own use and occupation in order to be able to start a business of sale and purchase of two -wheelers and also some other allied motor parts business.

(2.) The petitioner contested the averments made by the respondents and challenged the maintainability itself of the ejectment petition on an averment that respondent -Surinder Garg had sold away three shops (adjacent to the shop in dispute) on 15.10.1998, 13.1.1999 and 16.3.1999. Yet another averment made by the petitioner was that the respondents are not acting bonafide inasmuch as they want to get the shop vacated in order to be able to sell it off to someone else.

(3.) The learned Rent Controller allowed the ejectment plea on ground of personal necessity.