AVTAR SINGH Vs. ASCHARAJ LAL

JUDGEMENT

(1.) THIS revision has been filed against concurrent findings recorded by the Rent Controller and the Appellate Authority disentitling the petitioner landlord to eviction from the premises in dispute on the only surviving ground of personal necessity. The cause of petitioner was also not found favourable as the demised premises were commercial in nature, over which the landlord had no right to seek eviction on the ground of personal necessity.

(2.) LEARNED counsel for the petitioner vehemently contends that be it a residential premises or commercial one, in view of the authoritative pronouncement of the Supreme Court in Harbilas Rai Bansal v. State of Punjab, 1995(2) RCR 672, a landlord would be able to seek eviction on the ground of personal necessity. The counsel appears to be correct but to secure eviction, in any case, it has to be proved that petitioner required the premises bona- fide for his personal requirement. On the pleadings of the parties and arguments advanced by them before the learned Appellate Authority, it recorded following findings on the aforesaid crucial issue :-

(3.) FINDING no merit in this petition, I dismiss the same, leaving, however, the parties to bear their own costs. Petition dismissed.