LABHU RAM Vs. OM PARKASH MAHESHWARI

JUDGEMENT

(1.) THIS is landlord's petition whose application for the ejectment of the respondent-tenant was allowed by the Rent controller, Faridkot, but was dismissed in appeal by the Appellate Authority.

(2.) LABHU Ram landlord sought the eviction of his tenant Om Parkash from the tenancy premises inter alia on the ground that the premises have been sub-let by Om Parkash Maheshwari tenant to Brij Lal, his brother, respondent No. 2 and secondly, that he bonafide required the premises for his own use and occupation. The application was contested inter alia on the ground that the application was barred by the principles of res judicata, because the landlord earlier had got vacated a Chubara on the ground of personal necessity in urban area of Jaitu and secondly, the alleged sub-tenant was his real brother and worked at his shop. Any transfer of his rights in his favour was denied. A plea was also raised that the landlord had never occupied the Chubara after getting it vacated form the tenant by way of compromise.

(3.) THE learned counsel for the petitioner contended that the Rent Controller rightly came to the conclusion that the tenant Om Parkash had ceased to occupy the tenancy premises and it was Brij Lal, his brother, who was in occupation of the same as sub-tenant. According to the learned counsel, this finding has been reversed by the Appellate Authority arbitrarily and whimsically by misreading the evidence. It was also contended that the finding that the landlord bonafide required the premises for his own use and occupation has also been reversed without any cogent reason.