SUNDER SHAM Vs. RAMA KAPOOR & ANR

JUDGEMENT

(1.) Petitioner-tenant is aggrieved of judgments dtd. 14/6/2012 and 17/3/2014 passed by the learned Rent Controller, Amritsar and the learned Appellate Authority, Amritsar, respectively, whereby his eviction from the demised premises i.e., one room at the ground floor of the property in question, has been ordered.

(2.) Brief facts as pleaded in the petition under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short, the 'Act') filed by the respondent-landlord are that the petitioner was inducted as a tenant in one room at the ground floor of the property bearing No.1601/XII, Khana Shumari, Chowk Farid, Kucha Kashmiri Panditan, Amritsar by the predecessor-in-interest of the respondent. Eviction of the petitioner was sought by the respondent-landlord on the ground of (i) non-payment of arrears of rent, (ii) change of user of the demised premises, and (iii) bonafide personal necessity of the landlord. Learned Rent Controller, Amritsar on considering the facts and circumstances of the case ordered eviction of the petitioner on the ground of change of user of the premises. Ground of non-payment of arrears of rent did not survive due to legal tender of rent by the petitioner. In respect to the personal bonafide necessity, learned Rent Controller concluded that there is a statutory bar under Sec. 11 of the Act, which disentitles the landlord from claiming eviction of a tenant on the ground of their bonafide need to run business of embroidery in the demised residential premises.

(3.) Appeal filed by the present petitioner was dismissed by the learned Appellate Authority, Amritsar vide impugned judgment dtd. 17/3/2014. Aggrieved therefrom, present revision petition has been filed.