KANWALJIT SINGH AHLUWALIA, J. - (1.) TWO Courts below have returned a concurrent finding that demised premises on rent with respondent is required for Gurudwara Cinema Road, Batala, for constructing the Joura Ghar (place where the disciples leave their shoes).
(2.) IT is an admitted case that Gurudwara Cinema Road, Batala, has two shops and one of the shop has been let out to the petitioner-tenant. Petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the Act") for eviction of tenant on ground of personal necessity, creation of sub-tenancy and non-payment of rent was instituted by Gurudwara Cinema Road, Batala, through its Cashier Amarjit Singh Nagi. In the eviction petition, it was pleaded that the shop in question was rented out at a monthly rent of Rs. 180/- vide rent note dated 21.5.1979. It was further stated that the tenant had not paid the rent since 1.12.1996. it was further pleaded that the shop in question was required for personal use and occupation of the Gurudwara for constructing Joura Ghar. Another ground was taken that the petitioner-tenant had created a sub-tenancy in favour of Kashmir Singh.
(3.) WRITTEN statement was filed on behalf of respondents No. 1 and 2. Rent Note was denied. Grounds of non-payment of rent, personal necessity and subletting were disputed. After conclusion of the pleadings, learned Rent Controller, Batala, had drawn the following issues :- 1. Whether relationship of landlord and tenant exists between the parties to the present petition ? OPA 2. Whether the respondent is liable to be ejected from the shop in dispute for non-payment of rent ? OPA 3. Whether shop in dispute is required for personal use and occupation ? OPA 4. Whether respondent No. 1 has sublet the shop in dispute to respondent No. 3 ? OPA;