G. D. PAHUJN Vs. SH. SURESH HARJANI

JUDGEMENT

(1.) The landlord petitioner has filed this revision against the order of the Appellate Authority Chandigarh, dated October, 6 1979, whereby the order of the Rent Controller, directing ejectment of his tenant was set aside.

(2.) The premises in dispute consists of the first floor of the house No. 689, Sector 8-B, Chandigarh. The tenant-respondent took the premises on monthly rent of Rs. 275/- in addition to water and electricity charges. The present application was filed on 18th April, 1977, and the ejectment of the tenant was sought on the ground of bonafide requirement of the landlord for his own use and occupation. The other ground of nuisance taken in the ejectment application as decided by the Rent Controller against him and was not contested subsequently. In the written statement, the tenant pleaded that an earlier application dated 21st September, 1975 was filed on the same ground and was dismissed as withdraw on 20th November, 1975. It was further pleaded that the landlord got the second floor consisting of two bed rooms, kitchen attached with latrine and bath vacated from one Manohar Lal Chhabra on the same grounds in the year 1976 and the subsequently leased out the same for a short period.

(3.) On the evidence on the record, the learned Rent Controller came to the conclusion that the petitioner-landlord required the premises bonafide for his own use and occupation and consequently directed the ejectment of the tenant. In appeal, the Appellate Authority has reversed this finding and came to the conclusion that there was no material on the record to satisfy the Rent Controller that the landlord bonafide required the leased premises for his own use and occupation whereas there is sufficient material to show that the purpose is extraneous. As a result of this finding the order of the Rent Controller was set aside. Feeling aggrieved against this, the landlord has come in revision to this Court.