A landlord cannot convert a residential building into a non-residential building without permission under Section 11 of the East Punjab Urban Rent Restriction Act, 1949, and a tenant can be evicted from a room in a residential building for the landlord's personal use and occupation under Section 13-A of the Act.

Ashok Bhan, J.

1. Ramesh Kumar Khosla, respondent in his capacity as specified landlord (hereinafter referred to as the landlord) sought the ejectment of Hem Raj, petitioner tenant (hereinafter referred to as the tenant) from the demised premises which is a room of residential house situated in Kapurthala Town under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) for his personal use and occupation. The case of the landlord was that he retired from service on July 1, 1988 as a Junior Commissioned Officer in the Army; that he was living in a rented accommodation at Jalandhar and did not possess any other residential house; that he required the demised premises for his bonafide personal use as a Baithak of his residential house. It was further averred that the room with the tenant was an integral part of the residential building which could be got vacated. Tenant filed his written statement and controverted the claim of the landlord on the ground that the room in question was let out for commercial purposes and is being used as a shop for tailoring business of the tenant from the beginning of the tenancy. On the pleadings of the parties, following issues were framed :-

"1. Whether the premises in dispute are required by the petitioner for his own use and occupation ? OPA.

2. Whether the disputed shop is a commercial premises ? OPR.

3. Whether the tender made by the respondent is valid? OPR.

4. Relief."

2. Before the Rent Controller, issue No.3 was not pressed by the landlord and the same was decided in favour of the tenant. Rent controller took issues No. 1 and 2 together for discussion. Both these issues were decided in favour of the landlord. It was held that the room in question though being used for a commercial purpose was nevertheless an integral part of the residential building; that the residential building cannot be converted into a non-residential building without taking permission of the Rent Controller under Section 11 of the Act; that the premises in dispute were required by the landlord for his own use and occupation bonafide. On the findings recorded, the petition was accepted and the landlord was ordered to be put in possession and the tenant was ordered to be ejected. Tenant has come in revision.

3. Undisputed facts recorded by the Rent Controller which were not seriously challenged before me by either of the parties are that the demised premises is a part of the residential house abutting on the road or street with a Deorhi by its court-yard, at the back with another room at the end of the ground floor with similar construction on the first floor. The room under tenancy has two more doors opening into the deorhi and the court-yard besides a ventilator which opens into the house. There is no challenge to the claim of the tenant that the premises in question was let out to him for commercial purpose and further that he has been running his tailoring business from the very beginning. Further fact established is that the street in question wherein the demised premises is situated, exist a number of shops as well as residential houses which makes it to be a mixed locality containing residential houses as well as commercial premises or shops.

4. In the back drop of these facts, it has to be decided as to whether the disputed premises is a commercial premises or a residential premises which could be got vacated by the landlord for his personal use and occupation under Section 13-A of the Act. Counsel appearing for the tenant did not challenge the finding recorded by the Rent Controller that the landlord was a specified landlord within the meaning of Section 13-A of the Act.

5. I do not find any substance in the submission of the counsel for the tenant that the accommodation in possession of the landlord was sufficient for his needs. Landlord wants to reside in the house along with his wife, children and his old parents and the premises consist of only three