RAJU Vs. CHOWDHARY RAM

JUDGEMENT

(1.) Chowdhary Ram, aged 92 years, had filed an ejectment petition to evict the petitioners-tenants from the shop situated at Sutehri Road, within the municipal limits of Hoshiarpur. The shop was rented out to one Prem Singh at the rate of Rs. 420/- per month. Prem Singh died in the month of October 2001. The petitioners-tenants are the legal heirs of Prem Singh. Chowdhary Ram had two sons, namely Sudarshan Kumar and Ashok Kumar. The family of both his sons is residing in the house of Chowdhary Ram. It has been stated that Ashok Kumar had started various businesses to earn his livelihood and ultimately he started running a business of Guest House at Dharamshala (McLeodganj) Himachal Pradesh in partnership with some other person. It has come in evidence that two children of Ashok Kumar along with his wife are residing with the landlord-respondent and he is looking after them and paying their school fee. In the ejectment-petition, a ground was taken that shop is required for running a Beauty Parlour by the wife of Ashok Kumar.

(2.) NOTICE was issued and the written statement was filed by the petitioners- respondents wherein they denied the averments made in the ejectment petition and stated that the landlord demanded Rs. 800/- as rent of the shop w.e.f. 1.11.2001 but the petitioners only agreed to pay Rs. 500/- per month. This infuriated the landlord and he had filed the ejectment petition. It has been further stated that the landlord has various other shops and he cannot opt for this particular shop. Both the Courts below found merit in the ejectment petition and ordered ejectment of the petitioners.

(3.) LEARNED Rent Controller relied upon judgment rendered in Joginder Pal v. Naval Kishore Bahal, 2002(1) RCR(Rent) 582 : 2002(2) Punjab Law Reporter 625 wherein the word "own use" has been defined to include not only dependents of the landlord but also the persons upon whom the landlord is dependent.