NABH RAJ Vs. KISHAN LAL

JUDGEMENT

(1.) This is a tenant's revision petition against the concurrent orders of the Rent Control authorities below whereby he has been directed to put the landlord in possession since he latter required the demised premises, a residential building, for his own occupation.

(2.) The admitted case of the parties is that the house belonged to Smt. Raj Rani who on 22.9.1975 held the same to Kishan Lal, the present landlord-respondent for the ostensible consideration of Rs. 17,000/- as is patent from the sale deed put on the file as Exhibit A.W./1. The area of the house is 120 square yards and out of the total consideration, only Rs. 5.000/- were paid before the Sub-Registrar; Rs. 2,000/- went towards the purchase of stamps and the remaining Rs. 10,000/- were stated to have been paid before hand to the vendor. That house was fetching a rent of Rs. 11.70 per mensem on account of the tenancy in favour of Nabh Raj tenant-petitioner. The landlord, who had purchased the property on 29.9.1975, moved an application shortly thereafter on 10.11.1975 for being put in possession of the premises on the ground that he required it for his own occupation. He also pleaded therein that he did not own any other house, except the house which he had purchased, and he had not occupied any residential building in the urban area concerned or to have vacated any such building without sufficient cause after the commencement of 1949 Act. He further stated that his wife and children were living as licensees in the house of his mother where his younger brother and his family were residing. On that score, he prayed for the tenant to make way for his bonafide need.

(3.) The tenant on other hand, contended that the landlord constituted a joint family with his mother and was living with her in his own right. He further maintained that the sale was not bonafide and that in fact it was Smt. Raj Rani, who was behind this, move for ejectment. On this multi-proged defence, the solitary issue framed was :-