RAJA RAM Vs. GURBAX SINGH

JUDGEMENT

(1.) This is tenant's petition against whom eviction order has been passed by both the authorities below.

(2.) Landlord Gurbux Singh sought the ejectment of his tenant from the premises in dispute, which consist of two rooms along with an adjoining kitchen, which is a part of a house comprised of four rooms, two kitchens and a courtyard. The landlord sought the ejectment of the tenant primarily on the ground that he bona fide requires the premises for his use and occupation. It was alleged that at present he was residing in a rented house at New Delhi, but he wanted to shift to his native town Faridkot, where one of his sons Nachhattar Singh was working as a tailor and was residing with his stepgrand mother. It was also pleaded that the one room which was in his occupation in the suit building was not sufficient for meeting his requirements. Moreover, it was being used as a store. It was also stated that the landlord has two other sons, two daughters and a wife. The tenant contested the application and pleaded that the landlord did not require the premises for his personal use and occupation. According to him the mother of the landlord owned a big house and the landlord could very well be accommodated there. His two sons were permanently settled at Delhi, where they were in service and the landlord had no necessity to shift to Faridkot. As regards his third son Nachhattar Singh, he was residing with his grand mother, who was looking after him.

(3.) On trial the learned Rent Controller found that the landlord required the premises for his personal use and occupation. As a result of this finding the eviction order was passed. In appeal the Appellate Authority affirmed the said finding of the learned Rent Controller and thus maintained the eviction order. Dissatisfied with the same the tenant has filed this petition in this Court.