LAWS(P&H)-1981-9-78

GURBACHAN SINGH Vs. SH. CHAMAN LAL KAPUR

Decided On September 25, 1981
GURBACHAN SINGH Appellant
V/S
Sh. Chaman Lal Kapur Respondents

JUDGEMENT

(1.) This revision petition has been filed by the landlord against the judgment of the Appellate Authority, Chandigarh, dated November 4, 1977 affirming that of the Rent Controller, Chandigarh, by which the application for ejectment was dismissed.

(2.) Briefly the facts are that the landlord filed an application for ejectment of the tenant on the ground that he was carrying on business in Madhya Pradesh; that he wanted to shift his business and family from there to Chandigarh and thus he required the premises for his own use and occupation. The application was contested by the tenant who pleaded that the petitioner had a lucrative business in Madhya Pradesh and that he did not require the premises for his own use and occupation. He further stated that the landlord wanted to increase rent which had been increased earlier also twice.

(3.) The learned Rent Controller came to the conclusion that the landlord did not require the premises bonafide for his own use and occupation. Consequently, he dismissed the same. The petitioner went up in appeal before the Appellate Authority who affirmed the judgment of the Rent Controller and dismissed it. He has come up in revision against the judgment of the Rent Controller to this Court. It may be mentioned that Civil Misc. No. 3482-C-II of 1981 has been filed by respondent praying that an additional affidavit be taken on the record which narrates the subsequent events. In the affidavit it has been stated by him that a portion of the house in dispute on the first floor was vacated by the tenant on 1st April, 1980, and the same had been let out by the landlord to one Shri Ramesh Vij at a monthly rent of Rs. 350/- with effect from 4th April, 1980. The earlier tenant was paying a rent of Rs. 175/- per month.