AJINDER SINGH AND ORS. Vs. ROMESH CHANDER

JUDGEMENT

(1.) Petitioners-landlords, legal representatives of Mehar Singh (original landlord), are aggrieved of judgement dated 09.06.2007, passed by the learned Appellate Authority, Hoshiarpur, whereby judgment dated 20.04.2004, passed by the learned Rent Controller, Dasuya, has been reversed.

(2.) Learned Rent Controller, Dasuya, vide judgement dated 20.04.2004, ordered ejectment of the respondent-tenant from the demised premises while the learned Appellate Authority, Hoshiarpur, has reversed the said decision, consequently, dismissing the petition filed by the petitioners-landlords.

(3.) Brief facts necessary for the adjudication of the case are that Mehar Singh, the original landlord of the demised premises i.e., a shop as described in the petition, filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, seeking ejectment of the respondent-tenant. Mehar Singh pleaded that he was the landlord and owner of the shop in dispute, which was rented out to the respondent on a monthly rent of Rs. 300/-. Ejectment of the respondent was sought on the ground of non-payment of rent since 01.02.2000 as well on personal bona fide necessity of the landlord. It is pleaded that Mehar Singh, who was working as an Office Superintendent with Punjab Roadways, Hoshiarpur, Depot, was to retire soon and he required the shop for his personal use and occupation, as he wished to start his business therein. It is duly pleaded that he was not in occupation of any other premises nor vacated any such building without sufficient cause in the said urban area. When the respondent refused to vacate the premises despite request, petition for ejectment was stately filed.