VINOD K.SHARMA, J. - (1.) THE tenant petitioner by way of present revision petition has challenged the order dated 20.1.2003 passed by the learned Rent Controller, Amloh, as affirmed by the Appellate Authority, Fatehgarh Sahib, ordering his eviction from the shop situated at ward No. 12, Railway Road, Mandi Gobindgarh.
(2.) THE brief facts of the case are that the respondent-landlord filed an ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act (for short the 'Act') on the ground that he had purchased the shop in dispute for a consideration of Rs. 85,000/- from Darshana Khosla vide sale- deed No. 1033 dated 5.11.1996. The said shop was in possession of the petitioner herein as a tenant on payment of Rs. 60/- per month as rent. There was a relationship of landlord and tenant between the parties. The ejectment was sought on the grounds that the petitioner-tenant has not paid the rent from February 1995 till date and that the tenant-petitioner has roughly and negligently used the demised shop resulting into breakage of the floor. The respondent-landlord required the demised premises for his personal use and occupation inasmuch as he is running the business of gun metal in a rented shop of Municipal Committee, Mandi-Gobindgarh. It was alleged that the Municipal Committee, Mandi-Gobindgarh, has threatened to get the same vacated from him and also threatened to increase the rent out of all proportions. It was averred that the respondent-landlord has not vacated any shop nor has any other suitable accommodation for his business in the urban area concerned, nor he has got vacated any other shop. It was also alleged that the tenant- respondent had changed the user of the shop in dispute by starting the business of wood made articles and furniture from karyana shop for which it was originally let out. It was further alleged that the tenant-petitioner had diminished the value and utility of the demised shop.
(3.) ON notice, the tenant-petitioner appeared and filed a detailed reply to the ejectment petition and contested the same. By way of preliminary objections, it was pleaded that that the ejectment petition was not maintainable against him and it was barred by principle of res judicata as the ejectment petition of Smt. Darshana Khosla was dismissed as withdrawn on the same ground and that the petition was barred under Order 2 Rule 2 of the Code of Civil Procedure.;