SURINDER KUMAR AND ANR. Vs. BALDEV RAJ

JUDGEMENT

(1.) The petitioner-landlords, Surinder Kumar and Mohinder Kumar who are real brothers, sought ejectment of the tenant-respondent, inter-alia, on the ground that the demised premises were needed by them for their bonafide personal use and occupation. The tenant contested the claim and had additionally pleaded that the premises were not residential premises and that he was running a dairy business therein. In the light of this additional plea of the tenant, another ground was pressed for ejectment based on the change of user of the demised premises.

(2.) The Rent Controller held that the petitioners needed the premises for their bonafide personal use and occupation. He also held that the premises were being used by the tenant for the purpose of running a dairy therein before the execution of the formal rent-note dated 10.12.1967 and thereafter. He, however, ordered ejectment.

(3.) The appellate authority in regard to Surinder Kumar, one of the landlords, took into consideration the fact that in the petition the ground urged on his behalf was that he was employed in Air Force and was posted to a non-family station and, therefore, he required the premises for his wife, and children, but before the case came up for hearing, he had retired from the said post and got employment with the State Bank of India, Patiala, where he had his children were residing. In view of this change of circumstance, the appellate authority held that Surinder Kumar no longer needed the premises for his bonafide personal use and occupation.