HARDAWARI LAL Vs. MOTI RAM

JUDGEMENT

(1.) This is a rule directed against an order passed by Mr. Harbans Singh, District Judge, Ludhiana, ordering the ejectment of the tenant from a portion of the property in his possession.

(2.) The learned Judge has found that the landlord is in possession of one room because he had already been evicted from another. His statement was that he was using that room for his business purposes. The learned Judge has also found that twelve years ago he had two rooms when his family consisted of himself, his wife and six minor children. Since then the children have grown up, two of his sons have got married and one of them has got a son so that there are now ten members of the family.

(3.) The premises in dispute were purchased by the landlord for Rs. 21,000/- and the learned District Judge has found that merely because he has been living in two rooms instead of in comfort in his own house is no ground for depriving him of the possession of the house which he has purchased. Taking all these facts into consideration, the learned Judge has ordered the eviction of the tenant from a portion of the building in which the tenant is now residing and has given that portion to the landlord.