VINOD K.SHARMA, J. - (1.) PRESENT revision petition has been filed against an order passed by the learned Appellate Authority vide which the order passed by the learned Rent Controller ordering the eviction of the respondent-tenant has been set aside and the petition filed by the petitioner under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the 'Act') was dismissed.
(2.) THE petitioner sought ejectment of the respondent tenant on the ground of non-payment of rent as well as on the ground of personal necessity. The ground of non-payment of rent was given up as the tenant tendered the rent in the court on the first date of hearing. However, the learned Rent Controller ordered the eviction on the ground of personal necessity. The case set up by the petitioner was that he required the disputed premises for his personal use and occupation and that he was not occupying any other residential building in the urban area of Ludhiana except the portion of disputed property in which he was running his factory along with his brother. It was further the case of the petitioner that he was residing in the house of his brother in one room. He was at the mercy of his brother who was asking the petitioner to vacate it as the accommodation with him was insufficient. It was also pleaded that he has not vacated any such building without sufficient cause after the commencement of the Act in the urban area of Ludhiana. The family of the petitioner consists of himself, his wife and two children. The tenant was in possession of one room on the ground floor and Chobara on the first floor.
(3.) THE petition was contested by the respondent on the plea that the petitioner was only owner of half share of the property purchased, therefore, was owner to the extent of 60.5 square yards out of total area of the property measuring 470 square yards. It was also stated by the respondent-tenant that the premises were taken on rent from Sohan Singh previous owner at the rate of Rs. 40/- per month and further the suit for permanent injunction was filed by the respondent against Sohan Singh which was pending in the Civil Court. The personal need was also denied.;