RAJINDER KUMAR Vs. RAJWANT RAI SOOD

JUDGEMENT

(1.) RAJINDER Kumar petitioner is the owner landlord of the house in dispute situate in Sirhind Mandi, (Tahsil Sirhind) which is in occupation of Rajwant Rai Sood respondent No. 1 as a tenant at Rs. 250/- per month. The petitioner filed an ejectment petition against the respondents on various grounds, namely, (i) non-payment of arrears of rent; (ii) personal requirement; and (iii) subletting to Subash Chand (respondent No. 3) without the written consent of the landlord.

(2.) RESPONDENT No. 1 contested the ejectment petition. The arrears of rent was tendered on the first date of hearing. The Rent Controller framed the following issues :

(3.) THE Rent Controller and the Appellate Authority have found that the petitioner genuinely requires the house in dispute for his personal use and occupation. He has been non-suited on the inter-connected twin grounds that the tenant (respondent No. 1) has not changed the user of the house in dispute in terms of section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act (hereinafter the Act) and it is a scheduled building inasmuch as respondent No. 1 is using a part of it for medical practice and his ejectment therefrom cannot be secured on the ground of personal requirement. The petitioner has assailed the findings of the Rent Controller and the Appellate Authority on these two points in the present revision.