MOHAN SINGH Vs. DHARAM PAL

JUDGEMENT

(1.) THIS will dispose of Civil Revisions No. 443 and 1432 of 1990. Both the civil revisions arise out of two ejectment applications filed by Mohan Singh petitioner against Dharam Pal and his wife, Santosh Chand who are occupying the demised premises as tenants on a monthly rent of Rs. 90/- inclusive of all taxes. Demised premises consist of one room, courtyard stairs latrine and a shop portion in occupation of Dharam Pal. Petitioner filed ejectment applications taking various grounds for the ejectment of the tenants. One of the grounds was that the premises in dispute are required bona fide for the occupation of the petitioner for his own use and occupation and for his son Kulwant Singh and deserted daughter Balbir Kaur. The Rent Controller as well as the appellate authority dismissed the ejectment applications vide the impugned orders. Petitioner has filed both the civil revisions challenging the orders of the authorities below.

(2.) LEARNED counsel for the petitioner pressed only the ground of personal necessity of the petitioner as well as of his married son, Kulwant Singh. It was conceded that the requirement of Balbir Kaur is no more in existence as she has gone abroad.

(3.) BOTH the authorities below, after appreciating the entire evidence on record, found that Mohan Singh is in occupation of a palatial house belonging to his son, Avtar Singh who is stated to be living abroad. The house in occupation of Mohan Singh belonging to his son Avtar Singh consists of three living rooms, one lounge, Kitchen, bath, latrine and store on the first floor and one room on the second floor. More construction has also been added. The demised premises now sought to be got vacated from the tenants consist only of one residential room, court-yard, stairs, latrine and shop portion in occupation of Dharam Pal. The plea of the petitioner that he is not in occupation of house of his son in his own right was negatived by the authorities below.