LAWS(P&H)-1984-8-58

BUDH RAM Vs. DEEP CHAND

Decided On August 09, 1984
BUDH RAM Appellant
V/S
DEEP CHAND Respondents

JUDGEMENT

(1.) THIS is tenant's petition against whom ejectment application was dismissed by the Rent Controller but his eviction order was passed in appeal.

(2.) THE demised premises is an open land with a tin shed which was rented out on 1st October, 1965 at the rate of Rs. 5/- per month. It is a part of the residential house of the landlord. He sought the ejectment of his tenant primarily on the ground that he required the same for his personal use and occupation as the present accommodation with him was insufficient to meet his requirement.

(3.) ON trial, the Rent Controller found that the landlord did not require the premises in dispute for his own occupation. The other pleas of the landlord were also negatived. As a result of this finding, the ejectment application was dismissed. The appeal, the learned Appellate Authority reversed the finding of the Rent Controller on the question that he bonafide required the premises for his occupation. It was further found that the tenant was already in occupation of house belonging to him before the dispute premises were let out to him on rent. In view of this finding, the eviction order was passed against the tenant. Dissatisfied with the same, the tenant has filed this petition in this Court.