SURINDER SINGH Vs. AVTAR SINGH BAKSHI

JUDGEMENT

(1.) AVTAR Singh Bakshi respondent (now deceased and represented by his successors-in-interest owned house No. 540, Mohalla Sheikhan, Lower Bazar, Kalka. Surinder Singh petitioner is in occupation of the accommodation consisting of three living rooms on the first floor of this house as a tenant. On January 10, 1980, Avtar Singh filed a petition for ejectment against the petitioner on the grounds of non-payment of arrears of rent from October 1, 1979 to December 31, 1979, and personal necessity. The arrears of rent claimed by the landlord was duly paid by the respondent. The Rent Controller vide order dated September 12, 1981, did not uphold the plea of personal requirement of the landlord and consequently dismissed the ejectment application. The landlord filed an appeal against the order of the Rent Controller which was allowed by the Appellate Authority vide order dated March 22, 1982. The Appellate Authority held that the landlord required the premises bonafide for his own use and occupation. It is against this order that the present revision is directed.

(2.) AVTAR Singh died during the pendency of this revision on June 12, 1984. He was about 83 years of age at the time of his death. According to the Will executed by the landlord on September 30, 1981, and registered on October 26, 1981, the premises in the dispute stands bequeathed in favour of his married daughter Ravinder Kaur. Har Kaur, widow of the landlord, has a right of residence therein during her life time. Ravinder Kaur and Har Kaur have been impleaded as legal representatives of the deceased-landlord.

(3.) AVTAR Singh landlord has no son. He has two married daughters. One married daughter is residing with her husband at Solan and the other is Ravinder Kaur living with her parents at Kalka. Ravinder Kaur has two children-one son and one daughter. Her son was in the college and the daughter in the school when the ejectment petition was filed by the respondent. Her husband had gone abroad when the ejectment petition was filed. He returned to India during the pendency of the present petition. He is now working with a Construction Company in Uttar Kanshi (U.P.). The son of Ravinder Kaur has also joined the same company as an employee.