RAM DHAN Vs. LAJPAT RAI

JUDGEMENT

(1.) This revision petition is directed against the judgment of the Appellate Authority dated 3rd June, 1978 affirming that the Rent Controller, Fazilka, dated 29th April, 1977, who had ordered ejectment of the petitioner-tenant on the ground that the landlord needed the premises in occupation of the tenant for his personal use and occupation.

(2.) The bonafide requirement of the landlord in this case was to be judged in the light of the fact that he himself was living as a tenant. His landlord got him ejected through the court. He in his capacity as tenant fought the case upto the High Court and lost sometime in 1974. Then he purchased the house in question for a sum of Rs. 30,000/- from one Puran Chand. In the meantime after he was ejected from the rented house, he shifted residence in his in-laws' house. Soon after purchasing the present house from Puran Chand he instituted the present proceedings on 3rd February, 1976. In the house in dispute the original landlord had three kothas in his occupation, vacant possession whereof naturally, on purchase of the house, came to the landlord which fact he disclosed in the petition and averred that this accommodation would not be sufficient for him and that he required the portion in the occupation of the tenant for his bonafide use and occupation.

(3.) The two Courts have given a concurrent finding that the premises in question are needed by the landlord for his bonafide use and occupation.