DINESH KUMAR Vs. SH. LAXMAN DASS AGGARWAL

JUDGEMENT

(1.) LACHMAN Dass Aggarwal respondent is the owner of House No. 16 -B, Old Tribune Colony, Ambala Cantt. which is in occupation of Dinesh Kumar petitioner as a tenant. On April 18, 1979, the respondent filed a petition for for ejectment of the petitioner on the grounds of non payment of arrears of rent and personal requirement. The respondent averred in the petition that he was serving as Under Secretary to Government, Haryana at Chandigarh and he is due to retire on February 29, 1980 He wants to settle at Ambala Cantt after retirement and as such he needs the house in occupation of the petitioner for his own use and occupation.

(2.) THE petitioner tendered the arrears of rent on the first date of hearing. He denied in the written statement that the respondent bona fide required the house in dispute for his own residence. It was alleged that the respondent wanted to dispose it of alter getting it vacated The Rent Controller framed the following issue : - -

(3.) THE Kent Controller found the issue against the respondent and consequently dismissed his petition vide order dated October 24, 1979. The respondent filled an appeal and the Appellate Authority vide order dated April 18, 1980, accepted the same, set aside the order of the Rent Controller and further ordered the eviction of the petitioner. It is against this order of the Appellate Authority that the present revision is directed.