AMAR NATH Vs. SHRIMATI SURINDER KAUR AND OTHERS

JUDGEMENT

(1.) THIS petition for revision is directed against the order of the lower appellate Court reversing on appeal the decision of the trial Court restoring possession of the premises in dispute to the tenant under section 15 of the Delhi & Ajmer Rent Control Act, 1952.

(2.) ON the ground that the landlady bona fide required the suit premises for reconstruction an order was passed by the trial Court on the 30th August, 1957, directing the tenant to vacate the same. It was provided in that order that after reconstruction the tenant was to be put in possession of the same within the time specified in the order. The possession was actually delivered to the landlady on the 9th April, 1959. On the 1st October, 1959, the landlady rented out the premises after reconstruction to one Chhadami Lal and not to the petitioner in disregard of the order of eviction passed on the 30th August, 1967. This led to the present application by the petitioner under section 15(3) of the Act on the 6th August, 1960. This application was allowed on the 7th October, 1961. Against this decision an appeal was taken by Chhadami Lal. No appeal was preferred by the landlady. The lower appellate Court allowed Chhadami Lal's appeal and has directed that the possession be not delivered to the petitioner, but he should be allowed compensation in lieu of the same. It is against this order that the present petition for revision has been preferred.

(3.) THE second contention of the learned counsel for the petitioner is that it was a fit case where the order of the trial Court should have been allowed to stand and the alternative order for compensation should not have been passed. It cannot be disputed that under section 15(3), two alternatives are provided and once the Court of fact decides to adopt one alternative, it can hardly be said to be a ground for interference in revision, unless the choice for one or the other alternative has been made on extraneous considerations. This is not the case here.