GULJARI LAL Vs. KIMMAT RAI

JUDGEMENT

(1.) THE landlord has filed the present revision petition to challenge the orders whereby his ejectment petition was dismissed by both the Courts below.

(2.) THE petitioner is owner of residential building situated at Ashram Road, Charkhi Dadri. A portion marked by letter CPIJ was let out to the respondent on monthly rent of Rs. 160/- per month. However, the rent was subsequently increased to Rs. 200/- per month. The landlord has been residing in the first floor in the portion shown by letter EFGH in the site plan. The petitioner- landlord sought the ejectment of the tenant-respondent from the ground floor on the ground that he requires the premises for his bonafide necessity. He also stated that the double storey house has been partitioned between the petitioner and his elder son.

(3.) THE Courts below dismissed the ejectment petition holding that although the family of the landlord consists of two sons and seven daughters yet at the time of filing the petition, four daughters had already been married and the petitioner being in possession of godown and one room on the ground floor and, therefore, bonafide requirement of the landlord is not proved. The appellate authority found that the landlord is in possession of three rooms on first floor apart from one godown and one room on ground floor and thus the landlord has no bonafide necessity.