KISHAN SINGH RAHI Vs. HANS RAJ KAUSHAL

JUDGEMENT

(1.) The present revision petition is directed against the concurrent findings of the Rent Controller, Pathankot and the Appellate Authority, whereby eviction has been ordered on the ground of bonafide requirement on 17.12.2012 and upheld on 16.12.2014.

(2.) The petition was initially filed by Hans Raj Kaushal, the husband of Bimla Devi and father of Rajesh Kaushal on 29.10.1997. Initially the application was filed for ejectment from the two shops No.9 & 10 was allowed on 04.01.2006 and which was upheld on 31.03.2009. On account of death of the said landlord, the matter had been remanded back in Civil Revision No.8436 of 2010.

(3.) The case of the respondents was that two shops No.9 & 10 had been let out on 01.10.1997 on payment of Rs. 250.00 per month as rent and there were arrears from that date. The property had been sublet to petitioner No.2 Madan Lal who was in actual possession, since petitioner No.1 had joined service at Calcutta, West Bengal. Change in user was also alleged from the business of handloom to wooden furniture, which was being carried out. The landlord having retired on 31.10.1996 from the Post Graduate Institute of Medical and Research, Chandigarh as Assistant Store Officer wanted to settle at Pathankot and start his business and required the rented premises for bonafide requirement.