ANOOP SINGH Vs. K. N. GARG

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The landlord filed a petition for eviction of the tenant on the ground of bonafide need which was denied. Both the parties had gone to trial and during the pendency of the proceeding, a two-room flat which stood in the name of one of the sons of the landlord was sold. Ground was taken that the need of the landlord cannot be said to be bonafide as the aforesaid house which really belonged to the landlord and not to his son was sold during the pendency of the proceeding. The Rent Controller went into the question, recorded a finding that the two-room flat which was sold as a matter of fact did not belong to son of the landlord but it belonged to him. It further recorded a finding that the flat was not sufficient to meet requirement of the landlord keeping in mind number of the family members. Ultimately, he Rent Controller passed an order of eviction.

(3.) Challenging the same, a revision petition was filed before the High Court which has reversed the judgment on the sole ground that the landlord had sold two-room flat during the pendency of the proceeding before the Rent Controller, although it has not disturbed finding of the Rent Controller whereby it had found that the two-room flat sold was not sufficient to meet the reasonable requirement of the plaintiff. Challenging the order of the High Court, the present appeal has been filed by special leave.