KRISHAN LAL Vs. UTTAM CHAND ALIAS KUKAM CHAND

JUDGEMENT

(1.) THIS revision petition has been filed by the landlord against orders of the Authorities below declining to pass an orders of the ejectment in favour of the landlord.

(2.) THE landlord (petitioner herein) filed an ejectment petition under Section 18 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, (hereinafter referred to as 'the Act') for the ejectment of respondent from a room of House No. 574, B.C. Bazar, Ambala Cantt, on the ground of personal necessity. It was claimed in the petition that the petitioner is residing in one room in House No. 576 B.C. Bazar, Ambala Cantt., and the remaining portion is in possession of his brother, Badri Parshad.

(3.) THE ejectment petition was dismissed by the Rent Controller and on appeal, the order of the Rent Controller was upheld by the appellate Court. The ejectment petition was dismissed primarily on the ground that Badri Prashad, brother of the petitioner, was not examined to support the case of the petitioner, because as per the case of the petitioner, he was in possession of one room while the remaining portion was in possession of his brother, Badri Parsad.