BHAJAN LAL Vs. ROSHAN LAL

JUDGEMENT

(1.) THE respondent-landlord filed an ejectment petition in 1998 claiming eviction of the petitioner-tenant alleging that the petitioner-tenant was in arrears of rent as well as on the ground of bonafide personal necessity. On the first date of hearing, the petitioner-tenant tendered arrears to rent along with interest and costs. Accordingly, the ground of non-payment of rent was not pressed. The only question agitated between the parties was the claim of the respondent-landlord based on his personal bona-fide necessity. It would be pertinent to mention that the premises in question comprises of two chobaras which the petitioner-tenant is admittedly using for running his business of embroidery.

(2.) THE Rent Controller accepted the claim of the respondent-landlord vide his order dated 2.2.2000 and ordered the eviction of the petitioner-tenant. Aggrieved with the aforesaid order, the petitioner-tenant preferred an appeal. The Appellate Authority, on 14.3.2001 rejected his appeal. Dissatisfied with the order passed by the Rent Controller as well as the Appellate Authority, the petitioner-tenant has impugned the findings of the Rent Controller as well as the Appellate Authority on the issue of bona-fide personal necessity before this Court.

(3.) THE respondent-landlord initiated the present ejectment proceedings claiming the two chobaras in question, expressing his desire to live in the same. Independently of the ejectment petition filed against the petitioner- tenant, he has filed another ejectment petition against the tenant who is in occupation of a shop portion on the ground floor of the same premises. It is the intention of the respondent-landlord to use the shop portion as a clinic and earn his livelihood therefrom and to live in the two chobaras in occupation of the petitioner-tenant along with his wife. To authenticate the fact that the respondent-landlord is in an effective position to run a clinic, he has produced positive evidence to affirm that he is a Registered Medical Practitioner and is entitled to practice electro-homoeopathy.