SURJEET SINGH BADHAWA Vs. JAGIR SINGH

JUDGEMENT

(1.) This is a revision by the tenant against an order of ejectment passed by the Appellate Authority, reversing the finding of the Rent Controller, who had dismissed the application for ejectment.

(2.) The landlord, who is a retired Subedar Major is a disabled soldier. He purchased the house in dispute in 1967. He lives in village Dyal in district Hoshiarpur. He brought the ejectment application, out of which this revision has arisen in 1969 and wanted the possession of the house in dispute by ejecting the tenant as he needed the premises for his own requirements. According to him, he was a patient of Meningitis (apparently a disease of the ear) for which he used to get treatment from an E.N.T. Specialist whenever he got relapses. There was no medical facility in the village and for this reason he wanted to shift to Ludhiana. His wife died recently and there was no female relation living in the village who could assist him in the house. In Ludhiana, according to him, has some relations like cousins, etc., whose wives and daughters could assist him. Apart from this, his son was studying in B.A. (Part III) in the Khalsa College, Malpur, in District Hoshiarpur and wanted to have him admitted in M.A. class in Ludhiana. He supported all these facts in his examination-in-chief and, in cross-examination, he stated that he wanted to put his son in M.A. (Hindi). So far as his 12 acres of land in the village is concerned, he stated that a part of it was already given on contract and the remaining land can also be given on contract and that his cousin, Bakshi Singh, in the village can also help him.

(3.) So far as the tenant is concerned, he denied the bonafide requirements of the landlord and stated that it was only a way to get the rent enhanced. He led some oral evidence to show that, in the presence of the witnesses, the landlord demanded enhancement of the rent from Rs. 40 to Rs. 100. This evidence was discussed by the Appellate Authority and he did not rely on it.