SAT PAL Vs. OM PARKASH ROHILLA AND ANOTHER

JUDGEMENT

(1.) The tenant is in revision against the orders of the Courts below by which he has been ordered to vacate the demised premises, which is a two storey shop let out @ Rs.25/- per month, on the ground of personal necessity of the landlord.

(2.) Learned counsel for the petitioner has submitted that the landlord had filed a petition for eviction in the year 1985, inter alia, on the ground of non-payment of rent, impairment of value and utility and personal necessity.

(3.) The said eviction petition was dismissed by the Rent Controller on 6.9.1989. The appeal was dismissed by the Appellate Authority on 16.3.1991. The Civil Revision was dismissed on 3.8.1992 but the Supreme Court remanded the matter back to the High Court on 3.8.1995, however, the Civil Revision was again dismissed on 2.10.1999 against which the landlord had field SLP which was dismissed on 2.3.2000. The landlord also filed a review petition before the Supreme Court on 18.10.2001 but before that the landlord had retired on 31.7.2000 and the review application was dismissed on 10.3.2003. It is submitted that the present petition has been filed on the ground of personal necessity in which the evidence has been led that vide order dated 18.7.2000 (Ex.P-10) the landlord has retired from service w.e.f. 31.7.2000 after completing 27 years 10 months and 23 days of service in the department of Animal Husbandry in the State of Madhya Pradesh at Gwalior. It is argued that during his stay at Gwalior, the landlord has raised various properties including a school which is being run in the name of Saraswati Gyan Mandir High School in Rohilla Market situated in Transport Nagar, Gwalior which is owned by the landlord and the said building consists of many shops on the ground floor as the school is being run on the first floor. It is also contended that the landlord has got one Kothi situated in Ward No.13, Kante Sahab Ka Bagh, near Killa/Fort, Gwalior.