LAWS(P&H)-2008-10-26

ASHOK KUMAR Vs. GURUDWARA CINEMA ROAD

Decided On October 30, 2008
ASHOK KUMAR Appellant
V/S
Gurudwara Cinema Road Respondents

JUDGEMENT

(1.) TWO Courts below have returned a concurrent finding that demised premises on rent with respondent is required for Gurudwara Cinema Road, Batala, for constructing the Joura Ghar (place where the disciples leave their shoes).

(2.) IT is an admitted case that Gurudwara Cinema Road, Batala, has two shops and one of the shop has been let out to the petitioner-tenant.

(3.) WRITTEN statement was filed on behalf of respondents No. 1 and 2. Rent Note was denied. Grounds of non-payment of rent, personal necessity and subletting were disputed. After conclusion of the pleadings, learned Rent Controller, Batala, had drawn the following issues :- 1. Whether relationship of landlord and tenant exists between the parties to the present petition ? OPA 2. Whether the respondent is liable to be ejected from the shop in dispute for non-payment of rent ? OPA 3. Whether shop in dispute is required for personal use and occupation ? OPA 4. Whether respondent No. 1 has sublet the shop in dispute to respondent No. 3 ? OPA