CHANDER MOHAN MITTAL Vs. BEHARI LAL GUPTA

JUDGEMENT

(1.) This revision petition has been filed by the tenant whose ejectment from one room on the ground floor of House No. 20, Sector 15-A, Chandigarh was ordered by the Appellate Authority on 1/12/1988, Earlier the Rent Controller had dismissed the application for his ejectment filed by the landlord on 16/12/1986.

(2.) The ejectment of the tenant was claimed by Bihari Lal Gupta, the landlord, on the ground of personal necessity. The house in dispute is constructed on 10 Marlas of land. The landlord is in possession of the ground floor except one room which is in possession of the tenant. The accommodation with him was insufficient keeping in view his family members. The family of the landlord as stated, by the. Appellate Authority consisted of 12 members i. e. landlord, his wife and out of three sons two married sons who were having four and one children, respectively. The accommodation with them consisted of three rooms, one kitchen and one bath-room. Since the matter remained pending for all these years as the ejectment application was filed in 1982, the other son of the landlord also got married and two rooms on the barsati fell vacant which were also in possession of the landlord. These facts subsequently came into existence, are also being taken into consideration.

(3.) The tenant was using the room in his posseession for commercial purposes but that will not change the character of the building which is a residential house. The landlord is, therefore, on proof of his ground of personal necessity, is entitled to ejectment of the tenant. The garage in dispute along with 3 rooms were earlier with the tenant on rent for residence. He vacated the rooms some time back. The building, therefore, remains residential.