BEHARI LAL Vs. DURJAN AND ANR.

JUDGEMENT

(1.) This is landlord's revision against the order of the Appellate Authority dismissing his application for ejectment of the respondent-tenant.

(2.) Before the merits of the case are gone into, it would be necessary to notice whether the landlord had pleaded all the three ingredients as required by law to obtain ejectment on the ground of personal necessity. After going through the ejectment application, I find that it has not been pleaded that the petitioner has not vacated any such premises in the urban area concerned after the coming into force of the East Punjab Urban Rent Restriction Act, 1949 without sufficient cause. The learned counsel for the landlord has urged that the petitioner may be allowed to amend his ejectment application to enable him to include the necessary pleadings. I find the suggestion to be fair, as the ejectment application was filed long before the Full Bench decision was given by this Court to the effect that if necessary ingredients to obtain order of ejectment on the ground of personal necessity are not pleaded, the ejectment application cannot succeed.

(3.) For the reasons recorded above, I permit the petitioner to amend the ejectment application so to the plead necessary ingredients and for this matter the case is remanded to the Rent Controller, Narnaul, who will permit the petitioner to amend his ejectment application and an opportunity will be granted to the tenant to file reply thereto and after evidence is led, he will hear the arguments and prepare a report which would be sent to this Court along with the evidence recorded by him and file of the case. The parties through their counsel are directed to appear before the Rent Controller, Narnaul, on 5th September, 1980 who shall submit his report within four months thereafter. The case to be put up after the report is received.