RAGHBIR CHAND Vs. VIDYA DEVI AND OTHERS

JUDGEMENT

(1.) This is a third attempt by the tenant to avail the on slaught of eviction having lost both before the Rent Controller as well as before the Appellate Authority, Jullundur.

(2.) The respondents, who are landlords of the property, sought eviction of the petitioner on various grounds, but by the time the matter has reached this court the only ground which has been mooted is the bonafide personal necessity of the landlords to occupy the premises It is not disputed that the landlord's family comprises of a number of members some of whom are residing at Jullundur in which town the demised premises is situated. The other members are running some business in Gharabaha and are desirous of shifting from that place to Jullundur. In this behalf it is clarified by Chhajju Ram landlord that he has eight family members living in Jullundur City in a rented house belonging to one Bhagwan Dass and his three children and two nephews are living with him and receiving education at Jullundur His mother and wife also live with him. According to him, there is no school at Gharabaha and, hence the need to shift to Jullundur. As against this the solitary defence of the tenant that if the landlords are running their business at Gharabaha, there is no reason why they should shift to Jullundur. The contention on behalf the petitioner tenant is not tenable. In a case like the present it is for the landlord to choose the place of his permanent residence in the light of his requirement of the education of his children and other facilities which are available in a bigger town like Jullundur. The mere fact that they are running some shop at Gharabaha which is only a village, would not debar them from seeking eviction of the tenant on the ground of personal necessity.

(3.) Apart from the above circumstances I am not inclined to disturb the finding of fact recorded by the rent control authorities on the question of personal necessity as no cogent ground has been made out for doing so.