LAWS(P&H)-1984-9-97

RAMESHWAR DAYAL Vs. MAHADEV PARSHAD & OTHERS

Decided On September 19, 1984
RAMESHWAR DAYAL Appellant
V/S
Mahadev Parshad Respondents

JUDGEMENT

(1.) This revision has arisen out of a petition filed by the landlord for ejectment of the tenant on two grounds, that is, the personal necessity and nuisance. The Rent Controller as wtl1 as the Appellate Authority negatived both the pleas. Still dissatisfied the landlord has come up in this revision.

(2.) The property in dispute is owned by a Trust known as Gauri Datt Khiali Ram Sirohiwala Trust Mohindergarh. The question of personal necessity, therefore, could not possibly arise and the plea was rightly negatived. As regards nuisance, the plea taken was that the tenant has constructed a furnace and its working was causing nuisance. Both the courts below have recorded a concurrent finding that the furnace in question was in existence since the inception of the tenancy. No imropriety or illegality having been pointed out in the findings recorded, I find no scope of interference and this petition is accordingly dismissed. No costs.

(3.) Revision petition dismissed.