KRISHNA Vs. HARDWARI LAL

JUDGEMENT

(1.) HARDWARI Lal has been a Government servant. He owned a house in Fazilka. In June, 1978, he filed a petition for ejectment of his tenant, who was living in his house in Fazilka on three grounds, one of which was that he was retiring in December, 1978 and wanted to live in that house and as such sought his eviction on that ground. While the Rent Controller found all the grounds of ejectment against the landlord, on landlord's appeal, the Appellate Authority found that the landlord needed the house for his residence after retirement and ordered eviction of the tenant. This is tenant's revision.

(2.) AFTER hearing the learned counsel for the parties, I find that there is no scope for interference with the well considered decision of the Appellate Authority. The landlord was Office Superintendent, Artillery Records and was posted at Nasik Road, Maharashtra, before he came to Ghaziabad in Uttar Pradesh. When six months were left in his retirement he moved a petition for ejectment of his tenant on the ground of personal necessity. Admittedly at the time of filing of ejectment petition and even till today, he continues to live at Ghaziabad since his house at Fazilka has not been vacated so far. A landlord on retirement is entitled to occupy his house unless the tenant is able to prove any ulterior motive. In this case, not an inkling has been pointed out as to what is the ulterior motive of the landlord in seeking eviction.

(3.) IT was then urged that the landlord owns Chaubara over a shop at Fazilka and the landlord should shift to that Chaubara. According to the landlord the shop and the Chaubara are on rent with a tenant and it was so found by the Appellate Authority. The appellate Authority rightly proceeded further to hold that even if it was proved that the Chaubara was to be considered to be in occupation of the landlord, it was not sufficient to accommodate him along with his wife and daughter because other amenities like the kitchen, latrine etc. were not available. I do not find any sufficient reason to take a different view.