SADHU RAM Vs. DARSHAN SINGH

JUDGEMENT

(1.) This is revision by Sadhu Ram, landlord-petitioner against the order of Appellate Authority Rupnagar dated 13.01.2003, whereby the order passed by Rent Controller, allowing the petition filed by revision petitioner-landlord seeking ejectment of respondent-landlord from the shop bearing Municipal No.B-VII/1848-B situated in Jawahar Market, Pull Bazar, Ropar, on the ground of personal bona fide necessity of the petitioner was set aside.

(2.) Revision petitioner-landlord sought ejectment of respondent-tenant from the shop in question on the ground of non-payment of rent w.e.f. 17.08.1994 and his personal bona fide necessity to start business for his son Harbans Lal. He has alleged that his son was not doing any business as he (Harbans Lal) has been shunted out from their business by his grand sons (sons of Harbans Lal) and revision petitioner intended to start business for Harbans Lal in the demised premies.

(3.) On appearance, respondent admitted the relationship of landlord and tenant between the parties. He contested the plea of requirement of the shop for bona fide necessity of the revision petitioner on the ground that this petition has been field after revision petitioner failed to implement agreement dated 17.08.1994. It was pleaded that the landlord owns other shops at Ropar, which are sufficient for use of landlord and his son. Respondent had earlier filed suit against the landlord seeking relief of mandatory injunction restraining the petitioner from causing any obstruction in reconstruction of the shop as per terms of agreement dated 17.08.1994. During the pendency of this petition, landlord had purchased one shop vide sale deed dated 04.07.2000 while the other shop was purchased by Harbans Lal.