- (1.) The tenants are in revision against the orders of the learned Courts below by which they have been ordered to vacate the shop forming part of old building No. 4642/37 (new No. 9489/37), situated at Abadi Sarwarpura, Sultanwind Road, Amritsar which is in their possession @ Rs. 500/- per month and is being used for paint business.
(2.) The landlord sought eviction of the tenants, inter alia, on the grounds of non-payment of rent w.e.f. 01.01.2001 till date and use and occupation of his son Barinder Singh who intended to start business of grocery. While contesting the eviction petition, the tenants paid arrears of rent on the first date of hearing and as such, the ground of non-payment of rent was over and the personal need of the landlord was denied. On the pleadings of the parties issues were framed to which both the parties led their oral as well as documentary evidence. The learned Courts below passed the eviction order while deciding the only issue of personal necessity. The tenants had argued that the necessity of the landlord is no more in existence as his son Barinder Singh had already shifted to United States of America where he has been married and settled. The learned Appellate Authority did not accept this contention as it was found to be beyond pleadings.
(3.) Thus, the only question raised in this revision petition by learned counsel for the petitioners/tenants is that the demised premises (shop/shed) being part of the residential house, is a residential building which cannot be got vacated for the non-residential purposes. In this regard, learned counsel for the petitioners has relied upon the following judgments :- i) Harjit Singh v. M/s. Daya Ram Sat Narain, 2003 1 RCR(Rent) 270; ii) Bachan Lal v. Yogeshwar Lal Mehta,2006 4 RCR 313; iii) Raj Kumar Gambir v. Kanwar Sain Jain, 2003 134 PunLR 356; & iv) Pritpal Singh v. Devinder Kumar & another,2008 3 RCR 323; On the other hand, learned counsel for the respondent/landlord has relied upon the following judgments :- i) Lal Chand v. Bal Kishan, 1987 2 RCR(Rent) 283; ii) Dr. Jagjit Mehta v. Dev Brat Sharma,1988 1 PunLR 154; iii) Gurbax Singh v. Kuldeep Singh,1990 1 PunLR 704; iv) K.G. Industries and others v. Joginder Singh, 1992 1 RCR(Rent) 579; v) Raghbir Seth and another v. Ram Swarup, 1993 2 RCR(Rent) 481; vi) Ram Gopal v. Sher Singh, 1995 2 RCR(Rent) 300; vii) Sudarshan Kumar Bhatia v. Dharam Pal Sharma,2009 2 RCR 214; viii) Anima Biswas v. Gurbachan Singh,2010 4 RCR 688; ix) C.R. No. 6132 of 2009 titled as 'Arun Kumar v. Shri Ashok Kumar Chhabra' decided on 29.07.2010; x) C.R. No. 3406 of 1996 titled as 'Dev Raj v. Ram Parkash' decided on 24.09.2010; and xi) C.R. No. 7915 of 2010 titled as 'Sh. Satpal Chadha v. Satish Kumar and another' decided on 22.02.2011.;