LAWS(P&H)-1980-4-72

AHMED MUSTAFA Vs. SULEMAN AND ANR.

Decided On April 08, 1980
AHMED MUSTAFA Appellant
V/S
SULEMAN AND ANR Respondents

JUDGEMENT

(1.) The ejectment application by the petitioner-landlord was dismissed by the Rent Controller. His appeal before the Appellate Authority also did not succeed. The present revision petition is directed against the order of the Appellate Authority, Sangrur, dated March 28, 1974.

(2.) That petitioner-landlord in his eviction application sought ejectment of the respondent from the demised premises on the twin grounds of non payment of arrears of rent and the landlord's bona-fide requirement for personal use. As the arrears of rent were deposited by the tenant-respondent on the first hearing, the petition was contested on both sides on the second ground.

(3.) According to the case of the landlord, he and his brother purchased the house in dispute by means of a sale deed Exhibit A2 dated June 6, 1965, and thereafter in consequence of a partition the entire house fell to his share by means of a document Exhibit A1 dated November 5, 1967. Thus, after the purchase of the demised premises the respondent became tenant of the petitioner. The finding of Rent Controller holding the petitioner as owner of the house has not been challenged on behalf of the tenant.