The words "for his own use" in S. 13 (3) (a) (ii) of the East Punjab Urban Rent Restriction Act, 1949 must be read in the light of sub-cls. (b) and (c) of the same provision, which require that the landlord should not be in possession of any other rented land for his business and should not have given up possession of any other rented land, i.e., land which he was principally using for business. The landlord can only take advantage of sub-cl. (a) if he is able to show that he requires the rented land for business.

Judgment

WANCHOO, J. : The main question raised in this appeal by special leave from the judgment of the Punjab High Court is the interpretation of S, 13 (3) (a) (ii) of the East Punjab Urban Rent Restriction Act, No. III of 1949, (hereinafter referred to as the Act). Brief facts necessary for determination of this question are these. The appellant was the tenant of certain land at Lahori Gate, Patiala. It is not in dispute that the land in question is "rented land" within the meaning of S. 2 (f) of the Act inasmuch as the land was taken by the appellant for the purpose of a firewood stall. The original owner of the land became an evacuee, and eventually the respondent purchased the land from the Managing Officer and a sale certificate was issued in his favour on May 31, 1963. The appellant thus became the respondent s tenant. Thereafter the respondent filed an application for the ejectment of the appellant on a number of grounds. One of the grounds in support of the claim for ejectment was that the respondent needed the land for erection of a residential house . It is this ground with which we are mainly, concerned in the present appeal. The case of the appellant on the other hand was that even if the respondent required the land for construction of a residential house he could not be given an order of ejectment under S. 13 (3) (a) (ii). That is how the interpretation of this provision mainly arises in the present appeal.

2. The Rent Controller held that it was clear that the respondent did not need the land for running any business and only needed it for constructing a residential house for himself. He took the view that rented land could only be got vacated under S. 13 (3) (a) (ii) if the landlord needed it for a business purpose. On the other points raised in the case the Rent Controller found against the respondent Therefore he dismissed the application.

3. The respondent then went in appeal to the Appellate Authority. The Appellate Authority allowed the appeal. It was of the view that it was open to the landlord to get a tenant ejected from rented land under S.13 (3) (a) (ii) whatever may be the purpose for which the landlord required the land for his own use. The Appellate Authority followed the decision of the Punjab High Court in Municipal Committee, Abohar v. Daulat Ram. ILR (1959) Punj 1131. The other points raised in the appeal were also decided in favour of the landlord and the Appellate Authority allowed the appeal and directed the tenant to put the landlord in possession.

4. The appellant then went in revision to the High Court which upheld the view taken by the Appellate Authority and dismissed the revision. Thereupon the appellant obtained special leave, and that is how the matter has come up before us.

5. The Act was passed in 1949, and the purpose of the legislation was to restrict the increase of rent of certain premises situated within the limits of urban areas and eviction of tenants. The Act thus is a piece of ameliorative legislation in the interests of tenants of premises in urban areas, so that they may be protected against large increase in rents and from harassment by eviction consequent on the increase of population and the division of the Punjab in 1947 and large movement of population in consequence thereof. The Act deals with buildings-residential and non-residential - and also with rented land. In the present appeal we are concerned with rented land, which is defined in S. 2 (f) as meaning any land let separately for the purpose of being used principally for business or trade. Thus rented land is a piece of land on which there is no building -residential or nonresidential - but which has been let for business or trade, as in this case, for keeping a firewood stall. Sections 4 to 10 deal with fair rent and other ancillary matters. Section 13 provides for protection to tenants from eviction. Sub-section (1) thereof inter alia lays down that a tenant in possession of a building or rented land shall not