RAM SHAH Vs. RAM MURTI

JUDGEMENT

(1.) THIS is landlord's petition whose ejectment application was allowed by Rent Controller, but dismissed in appeal.

(2.) THE demised premises belonged to Badri Dass who inducted the tenant-respondent therein at the rate of Rs. 25 per month. The said Badri Dass adopted Ram Shah, the present petitioner as his son. Badri Dass died and after his death, his adopted son Ram Shah, minor, the petitioner, became the owner and the landlord of the premises qua the tenant Ram Murti. The present eviction petition was filed on April 7, 1975 inter alia on the ground that he bonafide require the premises for his own use and occupation. It was further stated that he did not occupy any other residential building in the urban area concerned and that he had not vacated any such building without sufficient cause after the coming into force of rent law. At that time, he was living with his natural father Harbans Singh where the accommodation was sufficient for him. In the written statement filed on behalf of the tenant, these allegations were controverted and it was pleaded that the tenant took the premises in, on rent from Badri Dass on whose death his adopted son, the petitioner, had become the owner but his natural father Harbans Singh was the landlord who had been receiving rent of the premises. It was also pleaded that the applicant did not require the premises for his use and occupation as he was residing with Harbans Singh in his house who also occupied other houses in Jagadhri. However, the Rent Controller came to the conclusion that the applicant required the premises bonafide for his own use and occupation. As a result, the eviction order was passed against the tenant. In appeal, the learned Appellate Authority reversed the said finding and concluded :-

(3.) I have heard the learned counsel for the parties and have also gone through the relevant evidence on the record.