- (1.) Petitioner has approached this Court challenging the order dated 15.10.2015 passed by the Rent Controller, Ludhiana, whereby the eviction petition preferred by the respondent-landlady on the ground of bona fide necessity has been allowed, appeal against which preferred by the petitioners has been dismissed by the Appellate Authority, Ludhiana, on 18.08.2016.
(2.) It is the contention of the learned counsel for the petitioners that the respondent is not really in need of the demised premises and it is merely her desire to obtain the possession of the premises as she has neither any source nor means to establish the business. He further contends that the respondent has not yet decided as to which business she intends to start in the demised premises as in the beginning, she had stated that she would start the bakery business and then, confectionery business. This shows that the intention of the respondent is only to seek the possession of the demised premises and the prayer of bona fide necessity/requirement of the demised premises is merely an excuse. Assertion has also been made by the counsel for the petitioners that the adjacent shop is in the ownership of the mother of the respondent which has been got vacated and the possession of the same is with the mother of the respondent, which shop could have been utilized by the respondent for the business, if she wanted and further, the said shop till date has not been utilized for any business purpose for which an application under Section 13 (4) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Rent Act'), has been filed for restoration of possession, which application is still pending before the Rent Controller.
(3.) On this basis, the learned counsel submits that the intention of the respondent is only to get the premises vacated and it appears that it is not to be used by her for any purpose and specially not for the purpose for which she has projected in her eviction petition. He, thus, prays for allowing the revision petition by setting aside the impugned orders. Notice of motion.;