KANWALJIT SINGH AHLUWALIA,J. - (1.) THREE sons and three daughters of Om Parkash preferred eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act for eviction of M/s Agar Chand Ram Phal Jain which has been contested by its partners Agar Chand and Ramphal Jain.
(2.) THE case set out in the eviction petition is that shop portion measuring 10' x 36' on the ground floor bearing Shop No. 1722, Main Bazar, Manimajra was rented out to the tenant at the rate of Rs. 300/- p.m. It was further stated that original landlord Om Parkash had expired on 15.9.1990 and his sons and daughters became co-owners of the property. It was further stated that late Om Parkash had filed an eviction petition in 1984 which was not accepted. The grounds for eviction taken were that the shop has become unfit and unsafe for human habitation as it is in a dilapidated condition. Further it was stated that tenant is in arrears of rent. Along with these grounds, ground of personal necessity was also pleaded that Rakesh Kumar is engaged in the business of preparing, selling and stitching of air bags and school bags from one small room which is on rent with him and landlord qua that room is pressing hard to vacate the premises. It was also stated that accommodation with Rakesh Kumar was insufficient and unsuitable. It was further stated that Udesh Kumar petitioner No.3 has grown up and is unemployed. He has studied upto 10th class and is interested to run the business of general merchant. The eviction petition was filed on 9.9.1997. Notice of the eviction petition was issued. A written statement was filed in which it was stated that there was no ground available for eviction of commercial property. No notice has been served. The tenant has paid the rent on 15.1.1995 along with interest. It was also stated that petition is bad for non-joinder of parties as Chand Bai mother of the landlords had died on 10.3.1998 and her name had not been struck off. On merits, ground of personal necessity and building has become unfit and unsafe for human habitation were also denied.
(3.) THE Rent Controller had formulated the issues. Landlord Rakesh Kumar himself appeared as PW-1 and examined Udesh Kumar another co-owner PW-2 and Gurmukh Singh PW-3 and Bharat Bhushan PW-4. Bharat Bhushan is landlord qua Rakesh Kumar where he is carrying on business of preparation of air bags and school bags.;