The genuine need of the landlord for the premises and the satisfaction of the requirements under the Rent Restriction Act are crucial in deciding eviction orders.

G.S. Sandhawalia, J.

The challenge in the present revision petition filed by the tenant under Section 15(5) of the East Punjab Rent Restriction Act, 1949 is to the ejectment order dated 4.6.2011 passed by the Rent Controller, Abohar and also to the appellate order dated 9.9.2013.

2. The deceased respondent-Landlord filed a petition on 9.2.2007 seeking ejectment of the petitioner-tenant from the tenanted shop being part of property bearing No. 2035/2 situated at street No. 15, Bus Stand Street, Abohar. The shop situated in the said property is measuring 8-1/4' X 12' and had been rented out at the rate of L400/- per month on 5.3.1985 for a period of six months till 4.9.1985. The ejectment was sought on the ground that tenant was in arrears of rent qua the shop in dispute from 1.7.1992 and house tax and fire cess had also been assessed from 2.8.1993 and notice had been served upon him for making payment. The tenant was liable to make payment of fire cess at the rate of Rs. 108/- per year. The tenant was manufacturing and selling attachis but had changed the use of general merchant without the consent and had made holes in the walls and ceiling of the shop and therefore impaired the value and utility. The landlord required the premises for his own use and he was a qualified Doctor and retired from Government service in the year 1999. He was a permanent resident of Abohar and after his retirement he required the premises for doing his private practice and did not own any other premises in the urban estate of Abohar.

3. In reply, the tenant had taken the plea that earlier rent petition had been dismissed on 2.12.1996. Another application was filed on 5.6.1996 which was dismissed as withdrawn on 15.11.1996 and therefore, the present petition was only filed with intention to harass the tenant. False claim had been made regarding the arrears of rent, fire cess, house tax etc. and no cause of action arose. The rent had been received from 1.7.1992 to 31.10.1996 through Court. The Rent Controller, Abohar framed the following issues on the pleadings of the parties :-

"1. Whether the respondent is in arrears of rent ? OPP

2. Whether the shop in question is required by the petitioner for his personal use and occupation?OPP

3. Whether the respondent has changed the business in the demised premises without permission of the petitioner?OPP

4. Whether the respondent is liable to be ejected from the demised premises? OPP

5. Whether the petitioner has no cause of action to file the present petition? OPD

6. Relief"

4. The deceased landlord examined as many as six witnesses and also stepped into witness box as AW-4 whereas the petitioner-tenant examined as many as three witnesses and stepped into witness box as RW-3. The Rent Controller, Abohar noticed that on appearance on 30.3.2008, the rent had been tendered from 1.11.1996 to 31.3.2007 and there was no stipulation in the rent note regarding the payment of house tax and there was an admission that he had received rent from 1.7.1992 to 31.10.1996 in the Court of the then Rent Controller and accordingly held that tender was valid and the landlord was not entitled to eviction on the ground of arrears of rent. On issue No. 3 regarding change of use and value and utility of the building being impaired was also decided in favour of the tenant in the absence of any evidence on record and the fact that the tenant had taken the plea that same business was being run. However, on the issue of requirement of personal use and occupation regarding shop in question and whether the tenant was liable to be ejected, the Rent Controller, Abohar noticed that the landlord himself stepped into the witness box to depose in his favour for his claim that he had retired in the year 1999. Earlier there was litigation regarding the matrimonial dispute of his daughter and due to which he had not settled at Abohar. After the settlement the landlord wanted to settle at Abohar and use the shop for doing his practice and accordin