GURDIAL SINGH Vs. LAL CHAND RISHI

JUDGEMENT

(1.) The despondent filed an application under Sec. 13 of the East Punjab Urban/Rent Restriction Act, 1949. far the ejectment of petitioner Gurdial Singh from the house in dispute on the ground that he needed the premises for his on occupation and the house already in his session was insufficient for his needs. The Rent Controller found that the house in possession of the landlord was not sufficient for his requirement but dismissed the application on the ground that the landlord had another dilapidated house in his possession which he could make worth living by raising construction there on and meet his requirement. On appeal, the learned Appellate Authority vide judgment dated October 7, 1977, set aside the order of the Rent Controller and ordered ejectment with the finding that it was for the landlord to choose as to which accommodation he would reconstruct for his own occupation. Aggrieved thereby, the tenant has filed this revision petition.

(2.) The only argument raised by Mr. M.S. Khaira, the learned counsel for the petitioner, is that as the landlord has already in his possession a dilapidated house, it cannot be said that he requires the house in dispute for his personal occupation as the latter house also is in a dilapidated condition and cannot be used for occupation by the landlord without reconstruction. This was precisely the argument which was considered by the lower appellate Court and rejected and I have no reason to differ with that view. The authorities under the Act cannot make a choice for the landlord as to which premises, he would like to reconstruct and occupy. Once it is found that the need of the landlord is genuine and be has no other building in his occupation for that purpose, the authorities under the Act have no option but to order ejectment of the tenant.

(3.) Consequently, there is no merit in this petition and the same is hereby dismissed. The tenant is however, allowed two months time to vacate the premises in dispute provided he pays to the landlord all the arrears of the rent if any, together with the rent for these two months within 15 days from today. Revision dismissed.