SHAMSHER SINGH Vs. DEVINDER SINGH KOHLI

JUDGEMENT

(1.) Shamsher Singh is the owner of house No 481-L situated in Model Town, Jullundur He filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') for the ejectment of the respondent on various grounds Including the ground of personal necessity. The landlord could not prove his case and the petition for ejectment was dismissed by the learned Rent Controller on 21st September, 1973. Feeling aggrieved from the order of the learned Rent Controller, the landlord-petitioner preferred an appeal but the same did not succeed and was dismissed by the learned District Judge, Jullundur, acting as the Appellate Authority under the Act vide his detailed judgment dated 6th May, 1974 Still dissatisfied, the present revision petition has been filed.

(2.) Notice of this petition was sent to the respondent. He has been served but no one appears on his behalf. Ex parte proceedings are taken against him

(3.) The only contention raised before me by the learned counsel for the petitioner is that the premises in dispute are required bonafide by the petitioner for his personal use. The learned counsel has read para No. 7 of the judgment of the Appellate Authority, which deals with this aspect of the matter. The contention of the learned counsel is that the landlord is the sole judge of his need and that the moment be filed the application alleging that he required the promises for his own occupation, then it was incumbent upon the Rent Controller to have passed an order of ejectment.