If a building is let out for non-residential purpose, eviction can be sought for the same purpose by the landlord.

JUDGMENT

Anil Kshetarpal, J. - The landlord-petitioner is in the revision petition against the orders passed by the Rent Controller, affirmed by the Appellate Authority, dismissing his petition, seeking eviction of the respondent-tenant from the premises in dispute.

2. Question which needs determination is whether if a part of larger residential building is let out for non-residential purpose then eviction can be sought by the landlord for bonafide requirement i.e. non-residential purpose particularly when rented property was leased for non-residential purpose.

3. It is pertinent to mention here that the parties are governed by the provisions of East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act of 1949').

4. Admitted facts are that there are relationship between the landlord and the tenant. The respondent was inducted as per Rent Note dated 16.2.1989. The building was let out for non-residential purpose as two shops and one small store room (kothri) was given on lease @ Rs. 370/- per month. The landlord claimed that the grounds of eviction are nonpayment of rent and his bonafide requirement. He pleads that after having retired as Superintendent from Gurunanak Dev University in January 2007, he wishes to start his business of Garments.

5. The petition was contested by the tenant while admitting that the rate of rent is Rs. 370/- per month as per Rent Note dated 16.2.1989, however, denying that there was any increase of rent, as asserted by the landlord. Bonafide requirement of the landlord was also disputed and it was pleaded that the landlord has sufficient property for his own use.

6. Both the authorities held that the rate of rent is Rs. 370/- per month and the landlord has failed to prove that there was any increase. With regard to bonafide requirement of the landlord, the courts have taken a view that since the building is a residential property, therefore, it cannot be got evicted by the landlord for commercial purpose.

7. At this stage, it will be appropriate to extract the definition of "building" as provided in Section 2(a) of the Act of 1949, "non-residential building" in Section 2(d) and "residential building" in Section 2(g) of the Act, which are as under:-

"2(a) "building means any building or part of a building let for any purpose whether being actually used for that purpose or not, including any land, godowns, out-houses, or furniture let therewith, but does not include a room in a hotel, hostel or boarding-house"

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2(d) "non-residential building" means a building being used solely for the purpose of business or trade"

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2(g) "residential building" means any building which is not a non-residential building"

8. Section 11 of the Act of 1949 prohibits conversion of a residential building into non-residential building except with the permission in writing of the Controller.

9. Section 19 of the Act of 1949 provides that if any person contravenes any of the provision including that of Section 11 of the Act of 1949, he shall be punishable with fine, which may extend to one thousand rupees.

10. Now, in view of the aforesaid statutory provisions, this Court is to consider whether part of a larger building which was let out to the respondent is a residential building or a non-residential building. It is apparent from reading of Section 2(a) "building" means any building or part of a building let out for any purpose, whether being actually used for that purpose or not. The significant word for the purpose of decision of the present case is part of a building meaning thereby that part of the building also falls in the definition of building. If one carefully reads Section 2(d), "non-residential building" means a building being used solely for the purpose of business or trade.

11. In view of the aforesaid statutory provisions, let us examine the facts of the present case.

12. It is undisputed that two shops and one small shop (kothri) was let