HIRA CHAND Vs. SUKHDEV RAJ JAIN

JUDGEMENT

(1.) THIS petition filed by the tenant-petitioner, namely, Hira Chand, under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for brevity, 'the Act'), challenges the view taken by both the Courts below directing his ejectment from the demised premises on ground of personal use and occupation of the landlord-respondent No. 1.

(2.) FEW facts may first be noticed. Mrs. Neelam Aggarwal wife of Rakesh Kumar and Smt. Kailash Wati wife of Balwant Rai, were owners of property bearing No. B-IV-100, Ghas Mandi, Ludhiana. On 6.9.1986, first and second floor of the building was rented out to the petitioner on a monthly rent of Rs. 900/- for the purpose of residence and business. Shri Sukhdev Raj Jain, landlord- respondent No. 1, was occupying one shop on the ground floor of the said property as a tenant. On 28.6.1995, Smt. Kailash Wati sold her portion out of the aforesaid property in favour of Shri Sukhdev Raj Jain, landlord-respondent No. 1, and he became owner/landlord qua tenant-petitioner Shri Hira Chand.

(3.) LEARNED Rent Controller, Ludhiana, accordingly, allowed the rent petition filed by the landlord-respondent No. 1 and direction was issued to the tenant-petitioner to vacate and deliver vacant possession of the demised premises within three months from the date of passing of order dated 5.8.2003.