BHAGWAN DAS AND ANOTHER Vs. SMT. DHANWANTI

JUDGEMENT

(1.) The landlord-petitioners have filed this petition against the order of the Appellate Authority, whereby the order of the rent Controller directing the ejectment of the tenant was set aside and the application for ejectment was dismissed.

(2.) The premises in dispute, which is a residential house, was let out by Bhagwan Dass, petitioner to Shrimati Dhanwanti, on a monthly rent of Rs. 4 excluding taxes, since long. The ejectment was sought on the ground of non-payment of rent and on the ground of bona fide requirement of the landlords to occupy the premises for their own use. Since the arrears of rent claimed were paid on the first date of hearing, only the other ground subsisted for determination. The Rent Controller accepted the application of the landlords as it came to the conclusion that they bona fide required the premises for their own use and occupation. In appeal, this finding of the Rent Controller has been Set aside, and consequently, the landlords' application for ejectment was dismissed. Feeling aggrieved against this, the landlords have come up in revision to this Court.

(3.) The learned counsel for the petitioners vehemently contended that the Appellate Authority has acted illegally in setting aside the well considered judgment of the Rent Controller. According to him, it was not necessary for the landlords to take some premises on rent to run their business before they could eject their tenant from the residential premises. He further submitted that it is the need of the landlords which is to be judged from their view point as they are the best Judge of their needs. In support of his contention, he cited J. G. Kohli V. The Financial Commissioner, Haryana, Chandigarh and another, 1976 AIR(P&h) 107, Sukhbir Singh Jain V. District Judge, Muzaffar Nagar and others, 1979 1 RentLR 545; Kedar Nath Bhatnagar V. Shri Dharam Paul, 1978 1 RentLR 216and David Apaji V. Shanti Devi, 1977 2 RentLR 780.