ROSHAN LAL Vs. HANS RAJ

JUDGEMENT

(1.) HANS Raj respondent is the owner landlord of house No. 669 within the Municipal limits of Jalalabad, Tehsil Fazilka, District Ferozepur. The house consists of two portions and each portion has one room, one courtyard and one deorhi. One of the portions is in occupation of Roshan Lal petitioner as a tenant at Rs. 11/- per month. In November, 1975, the respondent filed an ejectment petition against Roshan Lal petitioner on the grounds of non-payment of arrears of rent and personal requirement. The arrears of rent were paid on the first date of hearing. Roshan Lal petitioner contested that Hans Raj respondent required the premises in dispute for his own use and occupation. The Rent Controller vide order dated April 14, 1977, held that the respondent required the premises in dispute for his own use and occupation and ordered the ejectment of Roshan Lal petitioner. The order of the Rent Controller was assailed in appeal by Roshan Lal petitioner which was dismissed by the Appellate Authority vide order dated August 22, 1979. Roshan Lal petitioner has assailed the orders of the Rent Controller and the Appellate Authority in the present revision.

(2.) HANS Raj respondent produced A.W. Hans Raj son of Nanak Dev who stated that Hans Raj respondent was residing in Abohar with his sister for the last 4/5 years. The respondent visited Abohar in connection with the marriage of his sister's son. He met with an accident and since then is living with his sister. A.W. Panjab Rai also stated that the respondent was living with his sister for the last five years at Abohar. A.W. Labhu Ram also stated like wise. A.W. Maya Devi is the sister and attorney of the respondent. She stated that the respondent was living with her for the last seven years. He met with an accident and one of his legs got fractured. The respondent wanted to shift to Jalalabad and he required the house for his personal use.

(3.) THE respondent has no wife and no issue. The two portions of his house at Jalalabad are in occupation of Mohan Lal and the petitioner. Mohan Lal is related to the respondent. The respondent went Abohar many years ago to attend the marriage of his nephew. He met with an accident. His leg was fractured. His sister lived at Abohar. He started living in Abohar with his sister who looked after him. In 1975 he though of shifting to Jalalabad and as the petitioner did not vacate his house he filed the ejectment petition against Roshan Lal petitioner on the ground of personal requirement.