UMED SINGH Vs. ARYA SAMAJ SEWA SADAN, BALLABGARH

JUDGEMENT

(1.) The petitioner is the tenant of Arya Samaj Sewa Sadan of a portion of the residential house owned by the said Arya Samaj Sewa Sadan (hereinafter referred to as the "landlord"). The said residential house is stated to be situated in the main bazar Sabzi Mandi Chandawali Darwaja, Ballabgarh. The tenancy had been created on a monthly rent of Rs. 150.00 inclusive of water tax and house tax. The ejectment application has been maintained on the ground of non payment of rent and that the landlord being a charitable religious society has been running a library in the name of Smt. Durga Devi Library at Arya Samaj Bhawan situated in Ward No. 5, Ballabgarh and that the said library has to be closed down at the time of Havan, Satsang and recitals-cum-Interpretation of Vedas and as a sequel thereto the library cannot function properly which causes more inconvenience to the public at large. Moreover, the space provided for housing library by the aforesaid Bhawan has fallen short and is, therefore, inadequate which has necessitated the shifting of the same to the premises which arc defined as "residential premises" but undoubtedly are the ownership of the landlord.

(2.) The tenant contested the claim on both counts and has vehemently disputed the premises being required for the purpose of housing library for charitable purpose and that the same does not constitute a ground falling within the ambit of personal necessity.

(3.) On the pleadings of the parties, issues had been struck and the evidence had been led. The petitioner-tenant tendered rent on the first date of hearing at the rate of Rs. 105.00 per month for 50 months amounting to Rs. 5250.00 and additionally tendered interest Rs. 963.00 and cost as Rs. 50.00. The tender was found in order and that the issue in respect thereof has been decided against the landlord.