RAM GOPAL Vs. BABU SINGH

JUDGEMENT

(1.) THIS revision petition is directed by the tenant against the ejectment order dated 9.12.2005 passed by the Rent Controller, Barnala, as well as the judgment dated 6.5.2009 of the Appellate Authority, Barnala, dismissing his appeal against the above stated eviction order.

(2.) THE eviction petition was filed by Sher Singh (who died during the pendency of the eviction petition and is represented by his legal representative - Babu Singh s/o Sher Singh), alleging that the demised shop was rented out to the petitioner with effect from 15.5.1997 at the annual rent of Rs. 3200/- and that the petitioner was liable to be evicted, inter-alia, on the grounds that the :- (i) he has not paid the rent from 31.12.1997 onwards; and (ii) the shop in dispute is required by Surender Singh, grandson of the landlord, for his personal use and occupation in order to start business of readymade garments.

(3.) THE petitioner-tenant contested the eviction petition accusing the landlord of being habitual in filing ejectment petitions and that he had already paid the rent upto 30.12.1999 in the court of Rent Controller, Barnala. The petitioner also denied that Surender Singh is the grandson of the petitioner or that the disputed shop is required for the use and occupation of that grandson. It was further averred that there was another vacant shop available with the landlord in which his grandson could start business.