RAM CHANDER Vs. KIDAR NATH

JUDGEMENT

(1.) This is a rule obtained by the landlord against an order of District Judge, J. S. Bedi dated 13-6-1953 refusing to grant the landlord's prayer for ejectment of the tenant.

(2.) This case has rather an unfortunate history. On 21/1/1949 the landlord made an application for ejectment of the tenant on the ground that he needed the house for his personal use which was dismissed by the Bent Controller and this order was affirmed by the District Judge on 12/7/1949, but in this judgment the District Judga held that the requirement of the landlord for the purpose of reconstruction could not be urged in the appeal for the first time and that the landlord could make a fresh application.

(3.) On 15/10/1949 the landlord made a second application on the ground that he wanted to reconstruct the building. This application was dismissed on 11/4/1950 and on appeal being taken to the District Judge it was held that one of the walls of the building required repairs but that could be done without ejectment of the tenant and the order of refusal to eject was thus affirmed. The learned Judge in that case personally inspected the place and his inspection note is dated 22-81950 which has been placed on the record of this case by the landlord.