GURCHARAN DAS Vs. BODH RAJ

JUDGEMENT

(1.) THIS is a revision application directed against the order of the trial Court dated 21st of Poh 2010 and arises out of a suit instituted by Bodh Raj Plaintiff against Gurcharan Das Defendant tenant for ejectment from a shop and for arrears of rent.

(2.) THE Plaintiff sued for ejectment on the ground that arrears Of rent were due from the Defendant and that the shop was needed by the Plaintiff for his own occupation.

(3.) IN the present case the trial Court has ordered the Defendant to deposit Rs. 500/ - as arrears of rent. This order has been passed under Section 12(4). On perusal of the plaint, it appears that the Plaintiff based his claim for ejectment not only on the ground of arrears of rent due from the Defendant but on another ground that the shop was needed by the Plaintiff for Ms personal use. The question for consideration is whether a suit in which other grounds than the ground for non -payment of rent are taken for ejectment of the tenant could fall within the ambit of Section 12 of the Houses and Shops Rent Control Act, 2009.