CHARAN DASS DUGGAL Vs. BRAHMA NAND

JUDGEMENT

(1.) Special leave granted.

(2.) Respondent Shri Brahma Nand moved a petition for eviction of the appellant-tenant on the ground that he requires the premises reasonably for his own personal use. In the petition he also averred that he has three sons, Virender Kumar, Rakesh Kumar and Narender Kumar and an unmarried grown up daughter. It was admitted that Rakesh Kumar is a student studying in Guru Nanak Engineering College at Ludhiana: that Virender Kumar is married and both the husband and wife are employed at Bhos but they casually visit respondent landlord. In respect of Narender Kumar it was stated that he is serving as a teacher somewhere in Puniab. He refers to two other daughters Smt. Santosh Vyas and Smt. Tripta who are at present staying in Dhar and Namrup in Assam respectively but they also casually visit twice or thrice a year the respondent-landlord. The appellant-tenant moved an application seeking leave to defend the ejectment petition. He inter alia. contended that the respondent landlord has a big house named 'parkash Bhawan', Gurdaspur Road, Pathankot. and is residing at that place and is not residing in Delhi. A serious contention was raised that the landlord was not in need of the premises at Delhi. A further averment was that the rent hasbeen increased from time to time and this discloses that the present attempt is merely to bring pressure to increase rent.

(3.) The learned Rent Controller rejected the application for leave to defend the action. Appellant-tenant carried the matter to High court in Civil Revision No. 467 of 1980 without success.