KRISHAN LAL Vs. ANIL KUMAR

JUDGEMENT

(1.) THIS revision petition is directed by the tenant against the eviction order dated 14.12.2005, passed by the Rent Controller, Sunam as well as against the order dated 15.4.2009 of the Appellate Authority, Sangrur, dismissing petitioner's appeal against the above said eviction order. The facts may be noticed briefly.

(2.) THE respondent-landlord filed the eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act'), seeking petitioner's eviction from the demised shop, inter-alia, on the ground of personal necessity. The respondent-landlord averred that he does not own or possess any other shop except the shop in dispute in Sunam; that he had been in the business of jewellery in the Himachal Pradesh but for the last three years, his mother Smt. Krishna Devi was suffering from heart ailment and was getting treatment from the Escort Heart Institute, New Delhi. Due to this reason, the respondent-landlord has started residing at Sunam to look after his old and ailing mother and he needs the shop in dispute to establish his business of jewellary at Sunam after reconstructing the same. The respondent- landlord also pleaded that the demised premises is in a dilapidated condition and is unfit and unsafe for human habitation as its roof is quite old and has developed cracks and is likely to fall at any time. The respondent-landlord also pleaded that the petitioner-tenant has carried out alterations after breaking the roof of the shop and without the permission of the landlord, thereby impairing the value and utility of the premises.

(3.) ON fair consideration of the evidence on record regarding the alleged personal necessity of the landlord, the Rent Controller held as follows :-