PANDIT GAYA PARSHAD Vs. SEWA RAM

JUDGEMENT

(1.) This revision petition has been filed by the tenant against the order passed by the Appellate Authority, Hissar, dated June 11, 1975, whereby the order of the Rent Controller dated May 31, 1973, dismissing his application for ejectment from the house in dispute was reversed and the petitioner was ordered to vacate the premises within two months from the date of the said order.

(2.) The respondent filed an application for ejectment of the petitioner from the house in dispute on several grounds, but the ejectment has been ordered by the Appellate Authority only on the ground of personal necessity. The averments of the parties concerning the personal requirement of the respondent need, therefore, only be noticed.

(3.) The case pleaded by the landlord-respondent was that he was an employee of the Bank at Mawana, District Meerut, that he had completed 30 years of service and the Bank could retire him at any time; that he owned no other house and intended to occupy the house in dispute for his personal residence after his retirement. The petitioner in his written statement controverted the allegations of the respondent and pleaded that the landlord wanted to sell the house after getting it vacated and he had no intention to occupy the same for his personal residence. The trial court, after recording the evidence of the parties, negatived the plea of the landlord and dismissed the application. The Appellate Authority reversed that finding and ordered ejectment of the petitioner as stated above.