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Judgment
Hemant Gupta, J.—The tenant is in the present revision petition aggrieved against the orders passed by the Courts below, whereby the
tenant has been ordered to be evicted from the premises on the ground of bonafide requirement of the premises by the landlord.
It has been found that the shop in possession of landlord is of smaller size and is not suitable for running a cloth business. Whereas the shop in
dispute is of a much bigger size and consequently the Courts ordered the eviction of the shop.
Learned counsel for the petitioner has vehemently argued that respondent has purchased the shop in the year 1985, whereas ejectment petition
was filed on 08.08.1997 i.e. after 12 years of the purchase. Still further, sufficient accommodation is available with the landlord and, therefore, the
ground of personal requirement is an excuse to seek the ejectment of petitioner.
The ground of eviction for personal requirement of the landlord in respect of non-residential building became available to the landlord after the
judgment of the Hon''ble Supreme Court of Harbilas Rai Bansal Vs. State of Punjab and another, Therefore, the argument that landlord has sought
ejectment after more than 12 years of the purchase of the property, is not tenable. The argument that the landlord is in possession of two shops is
again not tenable. The shop in possession of the petitioner is 60'' x 14'' which is much bigger shop than other shops of size 9'' x 24'' in possession
of landlord. It is for the landlord to choose which of the premises suitable for his business.
Both the Courts below have recorded the finding, of fact on the basis of appreciation of evidence which cannot be said to be suffering from any
patent illegality or irregularity which may warrant interference by this Court in exercise of its revisional jurisdiction.
Consequently, the revision petition is dismissed.
However, the ejectment order shall not be executed for a period of 3 months from today provided the petitioner deposit the entire rent and also
file an undertaking before the learned trial Court within 3 weeks from today to hand over the physical vacant possession of the premises in dispute
to the landlord and also an undertaking to the effect that arrears of rent will be paid within 4 weeks and further monthly rent will be paid by 10th of
each month.
If the undertaking is not filed within 3 weeks, the landlord may seek execution of the eviction order.