Judgment

GAJENDRAGADKAR, J. : This appeal by special leave arises from ejectment proceedings taken by Suraj Bhan (respondent 1) against the appellant Moti Ram in respect of a shop situated in the urban area of Gurgaon which has been in the occupation of the appellant as a tenant for more than twenty years on a monthly rental of Rs. 20. Respondent 1 purchased the shop of June 15, 1956, and soon thereafter he applied to the Rent Controller for the eviction of the appellant under S. 13 of the East Punjab Urban Rent Restriction Act, 1949 (3 of 1949) (hereinafter called the Act). This application was based on four grounds. It was urged that the appellant was a habitual defaulter and was in arrears of rent, that the return of the money invested by respondent 1 in the purchase of the shop was not adequate, that respondent 1 apprehended that the godown and the shop of which he was in possession as a tenant would be sold off and he may be dispossessed therefrom, that it why he would require the shop in the present proceedings for his personal use and that respondent 1 wanted to reconstruct the shop for which necessary sanction had been obtained by him from the Municipal Committee of Gurgaon