PUNJAB NATIONAL BANK Vs. PRITAM SINGH

JUDGEMENT

(1.) PRITAM Singh - the landlord rented out the demised premises a residential house to the petitioner-the Punjab National Bank in July, 1978 for a initial period of 11 months to be extended from time to time. One of the stipulations of the tenancy was that the same would not be sublet to any person without the consent of the landlord. As the landlord felt that this condition of the lease had been breached, he filed an ejectment application on the ground that the tenanted premises had been sublet without the permission of the landlord; that there had been a change of user inasmuch as though the property had been rented out for running a branch of the bank, the same was being used for residential purposes; that the tenants had committed such acts which had materially impaired its value and utility and it was further pleaded that the landlord required the same for his personal use and occupation; the accommodation already with him being insufficient.

(2.) THE tenant - respondent filed his written statement controverting the claim made in the application.

(3.) THE Rent Controller on a consideration of the evidence came to the conclusion that the three grounds i. e. subletting, change of user and personal necessity of the landlord stood proved and having held as above, ordered the ejectment of the respondents from the demised premises. The Rent Controller also recorded a finding that the ground of personal necessity was equally open to the landlord as there could be no change of user from residential to commercial without the permission of the Rent Controller as held by this Court in Shri Hari Mittal v. Shri B. M. Sikka, (1986-1) Punjab Law Reporter 1.