The landlord's bona fide requirement for personal use, once established, justifies eviction, while the tenant must prove valid reasons for non-occupation.

JUDGMENT

Mrs. Archana Puri, J.

The present revision petition has been filed by the petitioners (who were tenant before the Rent Controller) to challenge the judgment dated 09.03.2023 passed by learned Appellate Authority, whereby, judgment dated 31.05.2017 passed by Rent Controller was set aside and reversed and thereby, ordering eviction of the petitioner-tenant from the demised premises.

2. The essential facts to be noticed are, as follows:-

That, initially, Dr.Bimal Kumar Singla-landlord had filed the petition for seeking ejectment of the tenants M/s Rekhi Ram Brothers through its prop. and Harmohinder Singh Rekhi, from the shop, as detailed in the headnote of the petition. It was asserted in the petition that M/s Rekhi Brothers was inducted as tenant by the father of the Dr.Bimal Kumar Singla and initially the rate of rent was Rs.35/- per month, excluding electricity charges and house tax etc. The initial landlord i.e. father of Dr.Bimal Kumar Singla had died on 21.06.2005 and after his death, the said Dr.Bimal Kumar Singla is the landlord. It is the version of the landlord that the rent was paid by the tenant to the father of the petitioner against receipts. However after his death, landlord has not received any rent from the respondents. They have not tendered the rent since 21.06.2005 at the rate of Rs.35/- P.M. Further, it is also asserted in the petition that the shop is lying locked for the last more than 8 years and no business is being carried out by the tenants in the shop in question, as they have shifted their business of book selling to another big shop, situated in Kohli Furniture Chowk, Kharar. Further, it is also submitted that opposite to the shop in question, the tenants are carrying out their business of selling cards etc., in a big shop and another shop which is situated opposite to the shop, in question, is in occupation of the tenants, which belongs to Waqf Board and also lying closed. Also further, it was asserted that the landlord is Bachelor of Veterinary Science and Animal Husbandry from Punjab Agricultural University Ludhiana and is also holding a certificate regarding training course in the care, breeding, housing, feeding, and health management of Angora Wool and Broiler, Meet, Rabbit, from North Temperate Regional Station (Central Sheep & Wool Research Institute) Garsa-175141, Via Bhuntar, Distt. Kullu (H.P.) and holding a certificate in Poultry from Department of Animal Husbandry (Punjab) and another certificate from Central Research Institute Kasauli H.P. in Diagnosis Prevention and Treatment of Rabies and has retired as Senior Veterinary Officer from PGI Chandigarh in 2001. Further, it is pleaded that the shop in question is required by the landlord for his personal necessity, as he wants to open a clinic for pets and animals in the said shop, as earlier, the landlord use to go to village and Kharar town, to examine the pets and animals, but now due to old age, he is unable to go various places and the landlord wants to run his business from the said shop.

3. Also, it is further version of the landlord, that his father filed an ejectment petition against the another tenant Ramji Dass, as the shop was in dilapidated condition and was old construction, the roof of the shop had fallen down and the said shop not fit for human habitation. Also, it is the case of the landlord that during the pendency of said ejectment petition filed by the father of the landlord, said Ramji Dass had died, the petition was allowed and the appeal, against the decision of ejectment petition, was also dismissed. The possession of the said shop has been taken in the execution proceedings. Further, there is another shop of the landlord adjoining the shop in question, in which the son of the landlord is running Homeopathic Clinic. Also, it is pleaded that there are other four shops of the landlord and out of which, two shops are adjoining to the shop in question i.e. shop No.877 & 875, in which the tenants are running the