RAJ KUMAR Vs. BUDHA MAL

JUDGEMENT

(1.) Tenant - petitioner has filed present petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 1949 Act), challenging the order dated 20.5.2009 passed by the Rent Controller as well as the order dated 29.10.2009 passed by the Appellate Authority, whereby the eviction petition filed by the landlord - respondent herein was allowed and eviction of the petitioner - tenant was directed on the ground of personal bonafide requirement of the landlord - respondent.

(2.) Brief facts of the present case are that the landlord - respondent has filed petition under Section 13 of the Act for the ejectment of the tenant from the shop situated in Ghatti Bazar, at Patti, District District Amritsar now at Tarn Taran, initially on three grounds (i) non-payment of arrears of rent; (ii) tenant has not maintained the shop in question as well as its furniture and has decreased the utility of the shop; and (iii) the landlord requires the shop in question for his personal bonafide necessity.

(3.) The Rent Controller did not agree with the plaintiff on two grounds i.e. the tenant has decreased the utility of the shop and he is arrears of rent. However, the Rent Controller allowed the eviction petition on the ground that the landlord has personal bonafide necessity of the tenanted shop to start business therein. The Appellate Authority also agreed with the finding recorded by the Rent Controller and dismissed the appeal.