DURGA DASS Vs. DEVI DASS NAYAR

JUDGEMENT

(1.) THIS is a revision petition by a landlord, Durga Dass, whose suit for the ejectment of his tenant, Mr. Devi Dass Nayar, Advocate, was dismissed by the Rent Controller and whose appeal was dismissed by the District Judge, Ludhiana, as Appellate Authority under the East Punjab Urban Rent Restriction Act.

(2.) THE Suit was based on non -payment of rent and on bona fide requirement of the premises in suit by the landlord for his own occupation.

(3.) THE claim based on non -payment of rent was met by prompt deposit of the arrears, and while the trial Court found that the Plaintiff did bona fide require the premises for his own occupation, the application was dismissed on the ground that the premises in suit were a scheduled building and therefore, not covered by Section 13(3) of the Act. The learned District Judge without going into the question of bona fide requirement upheld the latter finding. There can be no doubt from the evidence that the premises in suit fall within the definition of ''scheduled building '' in Section 2(h) of the Act, which reads -