KRISHNA @ KISHAN CHAND Vs. GURDIAL SINGH

JUDGEMENT

(1.) This is revision against order dated 18.05.2018, whereby petition filed by respondent-Gurdial Singh under Sec. 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Rent Act') was allowed and the petitioner was ordered to be ejected from the shop situated on the highway leading from Garhshankar to Hoshiarpur in the urban area of Mahilpur.

(2.) Respondent-landlord sought possession of the shop in question in his capacity as NonResident Indian (NRI). He has pleaded that he intends to pass last days of his life at his native place Mahilpur and required the shop in dispute along-with adjoining shop for his personal use to start some business. He has further alleged that towards north of the building in dispute there is vacant site and adjoining that vacant site a shop, which is quite old, is lying vacant and is in possession of the petitioner. That shop is in dilapidated condition and is insufficient to start a suitable business.

(3.) The petitioner contested the petition inter alia pleading that the respondent is about 70 years of age suffering from many diseases, as such, is not in a position to do any work. He is getting handsome pension from Canadian Government and is living there with his entire family. In fact respondent-landlord intends to sell the property in dispute and was negotiating for the said purpose with many property dealers but his deal could not mature as the property dealers want vacant possession of the premises. The petitioner was also given offer to purchase the shop in dispute. The shop in question constitutes one building and adjoining shop, which is in possession of Ramesh Kumar, constitutes a separate building and both these shops have separate roof heights, as such, this petition is not maintainable under Sec. 13-B of the Rent Act. It was further alleged that respondent-landlord owns 14 shops adjoining Khalsa College, Mahilpur and is also owner of vacant plot of about 10 marlas situated on the Garhshankar to Hoshiarpur Road, which is 20 to 30 karams from the shop in dispute. He has also not disclosed the business, which he wants to start in shop in dispute.