JUDGMENT :

Pankaj Jain, J.

1. Tenant is in revision aggrieved of judgment dated 03.07.2018 passed by Appellate Authority under the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the 1949 Act') whereby order passed by Rent Controller, Amritsar dated 01.03.2017 allowing the ejectment application filed by the landlord, stands affirmed.

2. For convenience and to avoid confusion, the parties hereinafter are referred to by their legal status i.e. petitioner as tenant and respondent No.1 as landlord.

3. Landlord filed eviction petition under Section 13 of the 1949 Act, claiming that tenant was inducted vide rent note dated 31.12.1991 in the demised premises on monthly rent of Rs. 2,000/-. Tenant made major additions and alterations in the demised premises in the year 2006 and the rent was enhanced to Rs. 7,000/- per month. Landlord sought ejectment of the tenant pleading his bona fide need as under :

"That the applicant is old aged person of about 66 years of age and earlier the applicant was carrying on business of brokerage of cloth and now on account of old age and ill health the applicant is unable to carry out brokerage business and as such, the applicant intends to set up his independent and separate cloth business in the demised premises/tenanted premises as shown in red colour in the site plan as stated above. It is pertinent to mention that applicant and his wife are residing in the upper portion forming part of the building in question and if the cloth business is being set up in the demised premises/tenanted premises, the applicant will be in a position to carry out and run business in the same very building especially when he is residing in the upper portion of the building in question as stated above and as such, by way of setting up independent and separate cloth business in the tenanted premises, the applicant will be in a position to earn his livelihood and he will be in a position to maintain himself and his wife and at present the applicant is not having any other source of income and so much so, even the applicant suffered heart attack and paralysis about three years back, but on account of old age, the applicant is unable to carry out any brokerage business of cloth as stated above and as such, keeping in view from any angle, need of the applicant is bonafide and reasonable and even the applicant will be in a position to spent evening of his life along with his. wife in a reasonable, respectable and proper manner by way of earning from the cloth business which is sought to be run in the tenanted premises as stated above.

That it is pertinent to mention that in the building/property in question red portion which has been shown in the site plan, is in possession of the respondents and whereas the portion shown in blue colour is in possession of other tenant i.e. M/s taken on rent by another tenant on the basis of rent note dated 29-4-1986.

That it is worthy to mention that the demised premises/ tenanted premises as shown red in the site plan is most suitable non- residential premises which are being required by the applicant for his bonafide use and occupation and the demised premises/tenanted premises as shown in red colour in the site plan are being put to use for the commercial purposes since inception of the tenancy and even demised premises/tenanted premises which is taken on rent by the respondents for business purpose and the same have been put to use for the business i.e. commercial purpose by the respondents.

That the applicant does not own or possess and is not having any other suitable such like premises/ accommodation, non-residential within the urban area of Amritsar and the applicant has not vacated any such accommodation residential character, without of non- sufficient cause in the urban area of Amritsar after commencement of Act III of 1949.

That it is stated that the respondents are having various such like non-residential building/premises in their possession more particularly si