HAWA SINGH Vs. DEEPAK SETH & ANR

JUDGEMENT

(1.) This Revisional Application is directed against the Judgment dated 20.02.2019 passed by the Ld. Appellate Authority, Bathinda in Rent Appeal No.17 of 2017 affirming the Judgment of the Rent Controller, vide which the Eviction Petition filed by the Respondents/Landlords under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 had been allowed.

(2.) The Respondents are the sons of deceased Smt. Savitri Seth, who was owner of the Building bearing MC No.400 (New No.2150), situated in Mohalla Madhokpura, Bathinda. The Building comprises of two Shops on the Groundfloor facing Kamal Cinema Road on the Western side. Out of those two Shops, the disputed Shop was let out to the Petitioner at a monthly rent of Rs.287.50 P, of which, the House Tax liability was to the tune of Rs.37.50 P, while Rs.250/- per month was the rent. Smt. Savitri Seth during her life time executed a Will on 14.12.1999 bequeathing the property in favour of the two Respondents alone in equal shares, and to the exclusion of her husband and two daughters. As such, the Respondents became Landlords of the demised Shop. They filed Rent Petition No.57 of 2014 in the Court of Ld. Rent Controller, Bathinda seeking eviction of the Petitioner on the ground that the Shop in question was bonafidely and urgently needed by them for their use and occupation i.e. for the business need of Smt. Kiran Seth w/o Respondent No.2 Vinod Seth. It was made out in the Eviction Petition that the Respondents/Landlords were themselves carrying on business of General Order Suppliers in Red Cross Shopping Complex, The Mall, Bathinda, while the aforesaid Smt. Kiran Seth, who was issueless, had previously been carrying on business of Creche, apart from taking private Tuition at her residence. But the said business failed and therefore, she intended to start a fresh business of Ladies Boutique and Readymade Garments in the demised Shop as she herself holds a Diploma in Fashion Designing, which was granted to her by the National Institute of Fashion Designing.

(3.) The Eviction Petition was allowed in favour of Respondents/Landlords by the Ld. Rent Controller and the Appeal preferred against such decision was dismissed by the Ld. Appellate Authority, vide its impugned Judgment dated 20.2.2019. Both the Ld. Courts below after perusing the evidence and material on record came to the conclusion that the Landlords had succeeded in making out a case of bonafide requirement of the demised Shop for the purpose of starting business of Boutique and Readymade Garments by Smt. Kiran Seth as claimed by them.