SHRI MATI DURGA DEVI Vs. RAM LOK

JUDGEMENT

(1.) THIS revision petition is on behalf of the landlord -Petitioner against the order of the Appellate Authority Faridkot dated, 20th November, 1975, whereby the tenant's appeal was accepted and the application for ejectment was dismissed.

(2.) THE Petitioner landlord filed an application under Section 13 of the East Punjab Urban Rent Restriction Act. 1949, for the ejectment of Ram Lok Respondent from a house situated in Moga. The ejectment was sought on the ground that the premises were bona fide required for his own use and occupation Certain other grounds were also taken, but the same are not material for the purpose of this petition. On the pleadings of the parties, the Kent Controller framed following issues: -

(3.) After hearing the learned Counsel for the Petitioner, I do not find any merit in this petition. It will be a question of fact in each case whether the premises are bone fide required for own use and occupation by the landlord or not. Simply if there is no rebuttal is such it cannot be said that the statement of the landlord must be accepted and ejectment be ordered on that ground, it is for the authorities under the Rent Restriction Act to come to the conclusion whether the requirement of the landlord is a bona fide one or not. The learned Appellate Authority on the appreciation of the evidence had come to the conclusion that the requirement is not a bona fide one and the so -called necessity appears to be a pretext to get the tenant ejected. This is a finding of fact which may not be interfered with in the exercise of revisional jurisdiction