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 petition against Dharam Pal and his wife, Santosh Dhand who are occupying the demised premises as tenants on a monthly rent Rs. 90/- inclusive of all taxes. Demised premises consist of one room, court-yard, stairs, latrine and a shop portion in occupation of Dharam Pal. Petitioner filed ejectment application taking various grounds for the ejectment of the tenants. One of the grounds was that the premises in dispute are required bonafide for the occupation of the petitioner for this 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 application vide the impugned orders. Petitioner has filed both the civil revisions challenging the orders of the authorities below.

(2.) LEANED 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.) I am in agreement with the reasoning adopted by the authorities below, Petitioner is in occupation of better accommodation and it is extremely doubtful as found by the authorities below that the need of the petitioner is bonafide. Learned counsel for the petitioner has relied upon the following judgments to contend that son's house cannot be considered to be in possession of the petitioner in his own right:-