MUNI LAL Vs. RAJ PAL SURI

JUDGEMENT

(1.) THIS is landlord's revision petition directed against the order of the Appellate Authority, dismissing his petition on the ground of personal necessity.

(2.) PETITIONER sought ejectment of the tenant on the ground of nonpayment of rent and also that he requires the tenanted premises for his own use and occupation, as the accommodation occupied by him and his family was not sufficient to meet his requirement. Tenant tendered the arrears of rent on the first date of hearing, but denied the ground of personal necessity. According to the tenant, accommodation in possession of the landlord was sufficient for his requirement The Rent Controller on the appreciation of evidence brought on record, ordered ejectment of the tenant on the around of personal necessity Appeal filed by the tenant was allowed by the Appellate Authority and in consequence thereof, petition for ejectment was dismissed. The landlord has now come in revision to this Court.

(3.) HAVING heard the learned counsel for the parties at length, and on perusal of the record, I am of the view that the revision petition deserves to succeed Admittedly, the petitioner has five children besides his wife According to the landlord, accommodation in his possession consists of only one room and Deori on the ground floor in a house which belonged to his father and uncle His father had a half share in the said house and on his death, he succeeded to 1/4th share of that half share. As per his statement, the first floor is in occupation of his brother, Gian Chand, and another portion had been let out by his uncle. Against this statement, there is nothing on record to show that the landlord had any other accommodation apart from what he claims to be in his possession. The reasoning of the Appellate Authority that "deori and the room (even if the upper two rooms and the barsati on the top be excluded) are sufficient for his needs as his children are very small in ages and do not require separate rooms for their studies or living at this stage" cannot be accepted for the reason that landlord has a large family and accommodation in his possession by no stretch of imagination can be said to be sufficient Thus, the landlord has successfully established on the record that he requires the premises for his own occupation.