SARDARI LAL Vs. SWARAN LATA

JUDGEMENT

(1.) PETITIONER has sought ejectment of the respondent on the ground that he requires the demised premises for his own use and occupation. The learned Rent Controller has allowed such petition and directed the tenant to vacate the premises. However, the said order of ejectment has been set aside in appeal.

(2.) ONE Dr. Mohan Dutt was inducted as a tenant by the petitioner vide rent note dated 17.1.1978 at a monthly rent of Rs. 100/-. Dr. Mohan Dutt has died during the pendency of the ejectment petition and the respondents are his legal heirs. Petitioner sought the ejectment of the tenant, inter-alia, on the ground that the tenants are in arrears of rent and that the demised premises are required by the landlord for their personal use and occupation. Accommodation already in possession of the landlord is insufficient. It was submitted that the landlord along with his sons are living in joint family. Subhash son of Sardari Lal is married having three children. He has to live separately from Sardari Lal landlord. Similarly Parveen Kumar landlord was married in the year 1979. He has two children. He also wants to separate himself from Sardari Lal landlord. Necessary ingredients of not occupying or having any other residential building in the urban area and the landlord has not vacated any such building in the urban area, were also pleaded.

(3.) I have heard the learned counsel for the parties and with their assistances have gone through the record and find that the findings recorded by the appellate authority suffer from material illegality and irregularity. Findings recorded by the court below are based upon conjectures and surmises and not sustainable in law.