A landlord cannot seek ejectment of a tenant from a non-residential property on the ground of personal necessity.

V.K.Jhanji, J.

1. This is landlords revision directed against the orders of the Authorities below dismissing bis petition for ejectment on the ground of personal necessity. According to the petitioner, the wife of the petitioner, Smt. Kulwant Kaur, is stated to be the owner of House No. 5-C, Fairland Colony, Fatehgarh Road, Amritsar. The building is alleged to be residential one and out of this, one room was rented out to the respondent at a rent of Rs. 500/-per month. Ejectment was sought on the ground that he has failed to pay the arrears of rent, . w.e.f 1-6-1982 to 28-2-1983, as well as on the ground that the room in occupation of the respondent is required for use and occupation by the family members of the petitioner.

2. The ejectment petition was contested by the tenant, who in his written statement admitted that Smt. Kulwant Kaur, wife of the petitioner, is the owner of the property. He therefore, denied that there was any relationship of landlord and tenant between the petitioner and the respondent. The rent was claimed to be Rs. 100/- per month and not Rs. 500/- per month as alleged by the petitioner. The respondent denied that the property is residential one. He rather took up the plea that the property is a non-residential property, which is situated in a commercial area. He further stated that the property comprises three shops on the ground floor which are occupied by various tenants and one of the said shops is in occupation of the tenant. The tenancy was claimed to have commenced on 15-12-1981.

3. The Rent Controller on the appreciation of entire evidence on record, found relationship of landlord and tenant between the parties ; the rent was held to be Rs. 500/- per month and the ground of personal necessity was found to be not available to the landlord as the room in possession of the respondent was held to be shop which was let out for running the business and trade. The petitioner preferred an appeal before the appellate Authority. The respondent also filed cross objections on the issue of relationship of landlord and tenant. The appeal as well as the cross objections were dismissed and the finding of the Rent Controller on these counts was affirmed. The petitioner has impugned the orders of the Authorities below by way of this present revision petition.

4. Mr. M L. Sarin, Sr. Advocate, learned counsel for the petitioner contended that the building is suo residential one and even if a part of it was let out for the purpose of running a shop, then also, the same would remain residential building, and it can be got vacated on the ground of personal necessity. He also contended that the rate of rent was wrongly held to be Rs. 100/- per month. On the other hand, Mr. B. R. Mahajan, Advocate, learned counsel for the respondent, submitted that the petitioner in his cross-examination admitted that what was let out to the respondent was a shop and therefore, he cannot seek ejectment on the ground of personal necessity. With regard to rate of rent, he submitted that both the Authorities below on the appreciation of evidence, have returned the finding which calls for no interference.

5. After hearing learned counsel for the parties, at length. I find no merit in this revision petition. The petitioner though in his ejectment petition has stated the building is residential one and out of the same, one room was let out to the respondent, yet in his cross examination, he has admitted that the room was let out not for residential purpose, but for running a shop, meaning thereby that the room in -occupation of the respondent is a shop and not a residential room as alleged in the ejectment petition by the landlord Faced with this situation, Mr. Sarin relied upon the following observation of the Supreme Court in C.A. No. 4216 of 1988 Sh. Dav Brat Sharma v. Dr. Jagjit Mehta, C. A. No. 4216 of 1988:

"In course of submissions advanced at the bar reliance was placed on the Full Beach decision of the Punjab and Haryana High