Landlords have the authority to determine their premises' use based on bona fide needs, and tenants cannot dictate alternatives.

JUDGMENT :

VIKRAM AGGARWAL, J.

The afore-titled 11 revision petitions arise out of separate eviction petitions instituted by the same landlord (Shree Gurudwara Singh Sabha (Regd.), Abohar), against different tenants occupying shops forming a part of the same premises. Since the parties to the lis are the same and all revision petitions involve common questions of law and facts, the same are being decided together by this common judgment.

2. Facts shall be detailed from CR-5931-2024 (titled as Vishu Middha Vs. Shree Gurudwara Singh Sabha (Regd.). However, reference to relevant facts qua the other petitions shall be made at the appropriate place.

3. Shree Gurudwara Singh Sabha (Regd.), Abohar (hereinafter referred to as the ‘landlord’) instituted a petition under Section 13 of the East Punjab urban Rent Restriction Act, 1949 (hereinafter referred to as the ‘Rent Act’) seeking eviction of the petitioner/tenant (Vishu Middha) (hereinafter referred to as the ‘tenant’) from a shop measuring 11’ X 25’ (depicted in the site plan attached to the eviction petition) situated at street No.15, Northern Circular Road Abohar, within the premises of Shree Gurudwara Singh Sabha (Regd.) Abohar.

4. Eviction was sought on two grounds viz. non payment of rent and personal necessity. The tenant was stated to be paying rent @ Rs. 5,000/- per month in terms of rent note dated 14.10.2011. Rent was stated to be unpaid since 01.04.2017. It was also averred that the holy book Shri Guru Granth Sahib was at the first floor of the Gurudwara Sahib. Devotees who were old, weak and pale was unable to climb the stairs, as a result of which, they were being prevented from paying obeisance before Shree Guru Granth Sahib. Accordingly, the management of the landlord passed a resolution on 05.03.2017 that the building of the Gurudwara Sahib would be renovated and the holy book would be kept at the ground floor so that the devotees would have easy access to the same. It was averred that the landlord had no other place within the municipal limits of Abohar which would be suitable for its bona fide personal necessity. It was averred that in fact the Gurudwara Sahib or the holy book could not be shifted to any different place. It was also averred that the landlord had not vacated any such building without sufficient cause after the commencement of the Rent Act.

5. The eviction petition was opposed. In the written statement, certain preliminary objections as regards the eviction petition not having been filed by the competent person, the petition having been filed with an ulterior motive to coerce the tenant to enhance the rent, estoppel, the petition being a misuse of the process of law, rent already having been received by the landlord, ground of personal necessity being based on false and imaginary facts, maintainability etc. were raised. On merits, the relationship of landlord and tenant and the rate of rent was admitted. However, it was denied that any rent note dated 14.10.2011 had been executed. It was denied that the tenant was in arrears of rent, the same having been paid up to 31.10.2017. It was also denied that the demised premises was required by the landlord for its personal necessity. It was averred that the sole purpose was to get the rent enhanced. It was averred that a spacious hall could be constructed without the vacation of the demises premises and other shops by making minor adjustments. It was averred that the major part of building of the Gurudwara Sahib was lying vacant and unused and there was a huge space at the ground floor which could be converted into a hall.

6. From the pleadings of the parties, following issues were framed by the trial Court:-

1. Whether the petitioner bonafidely requires the p