RAKESH KUMAR GARG, J. (ORAL)

This is tenant’s revision petition challenging order dated 15.01.2005 of the Rent Controller, Malerkotla, whereby he has been ordered to vacate the premises in question and further the judgment dated 4.10.2011 of the Appellate Authority, dismissing the appeal against the aforesaid order of eviction.

Though the respondent-landlord had sought ejectment of the petitioner on various grounds, yet it will be relevant to notice that eviction of the petitioner has been ordered only on the ground of personal necessity of the respondent-landlord. The respondent-landlord had set up his plea of bona fide necessity as under :

“11) That the petitioner was serving as teacher in Punjab Education Department and has been recently retired from service on 31/12/99 and the petitioner is unemployed and wants to start business of Ready made garments in the shop in dispute. So the petitioner requires shop for his own occupation.

12) That the petitioner has not vacated any such shop nor is in possession of any such shop since the enforcement of the East Punjab Urban Rent Restriction Act 1949 within the Urban Area of Malerkotla nor any where else.”

The petitioner contested t