S KAPOOR INDUSTRIES AND OTHERS Vs. MOHAN SINGH

JUDGEMENT

(1.) The petitioners-tenants (hereinafter referred to as "the tenant") have filed this petition challenging judgment dated 15.2.2017 passed by the learned Appellate Authority, Ludhiana, whereby an order of ejectment passed by the learned Rent Controller, Ludhiana in favour of the respondent-landlord (hereinafter referred to as "the landlord"), has been affirmed.

(2.) The case set up by the landlord, as per his petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the Act") is that he is owner and landlord of property bearing No.B-16, 542/2/677, Mohalla Gobind Pura, Gill Road, Ludhiana, which had been purchased by him from Mohinder Singh vide sale-deed dated 10.4.1996 and that shop bearing Nos.3, 4 and 5 of the said property are occupied by the tenant on rent @ Rs. 400/- per month along with house-tax. The landlord, apart from asserting that the tenant was in arrears of rent, also set up a case of "bona fide personal necessity" averring therein that he intends to use the premises in question to run a cycle spare parts trading business, as the said shops are situated in the main market of cycle spare parts, where similar businesses are being run from several other shops. The landlord asserted that he owns building No.B-21-1870, Street No.1, Janta Nagar, Ludhiana, which is 3 kilometers away from the demised premises and is not suitable for running the aforesaid business and that he owns another property bearing No.B-22- 747, Street No.3, Dashmesh Nagar, Ludhiana, which is entirely in possession of tenants and is also not suitable for such a business being situated quite away from the main market of cycle spare parts. It was further stated that the landlord owns another property bearing No.B-21-3502 in Street No.6, ATI Road, New Janta Nagar, Ludhiana but the same is in the nature of a residential property, where he is putting up with his family. The landlord further stated that he is not occupying any other non-residential building in the urban area except property bearing No.B-21-1870, Street No.1, Janta Nagar, Ludhiana which is not suitable for running cycle spare parts business and that he has not vacated any such non-residential property in the urban area of Ludhiana.

(3.) The tenant resisted the ejectment petition and filed reply stating therein that two previous ejectment petitions on grounds of non-payment of rent had been dismissed, which indicates that the landlord keeps on filing such petitions simply to harass the tenant and that the present petition was barred by principle of res judicata. The tenant denied the averments of the landlord regarding his personal necessity and asserted that in fact the landlord has various buildings in Ludhiana and is having huge earnings from a 'Mandir' as well as from rentals and that since he is aged 75 years, therefore, the assertion that he is to start business now, is not believable. The tenant further asserted that the petitioner own another non-residential building and a big building bearing No.B-24-1870 in Janta Nagar, Ludhiana. The tenant, while denying all other material averments of the ejectment application, prayed for dismissal of the same.