VIJAY KUMAR Vs. PARKASHWATI

JUDGEMENT

(1.) The tenant has approached this Court under Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949 ("Act") with two orders against him, one of the Rent Controller, the other of the Appellate Authority dated February 23, 2017. He has been evicted from the demised premises which are a combination of residential and non-residential building. The shop was let out to the tenant in 1995 under rent note dated June 24, 1995 for commercial purpose for use as a shop. The front of the building opens into a bazaar. The building is double story. The possession of the ground and first floor including a shop abutting the demised shop is with the landlady and her family. The residential part has independent access to the road in front of the building. There are many commercial buildings and shops adjoining the demised premises.

(2.) The landlady is old and the family is in joint residence. She has five sons one of whom, namely, Satish Kumar has expired. One son is residing in Delhi and another has built a separate residence in the same town where he and his family live. Apart from his widow, Late Satish Kumar has a married son who resides in the property shown in the site plan. He was married shortly before filing of the petition for eviction, which was instituted on January 20, 2012. Her son Ashok Kumar is unmarried and resides with the mother. The 4th son Suman Kumar also resides in the same house with his wife and son. For these reasons, the accommodation is said to be insufficient for such a large joint family to house. The petition was brought on the grounds of non-payment of rent and for personal necessity for the use and occupation by the landlady and her family. The rent was Rs.1200/- per month with enhancement clause of 10% after every two years. The rate of rent at the time of filing of the petition was Rs.1787/-.

(3.) The case of the tenant was that the need was not bona fide. The landlady's sons Vijay Kumar and Parveen Kumar are living separately from the petitioner and Aditya Gupta son of late Satish Kumar lives in the first floor with his wife. Besides, Suman Kumar and his family have sufficient accommodation for his family settled on the ground floor of the residential part of the building which falls in the rear side of the demised shop. Tenant asserts that there was concealment of House No.ES-57 which is a double storied house constructed in the same mohalla.