PIARE LAL Vs. TELO DEVI

JUDGEMENT

(1.) THIS is tenant's petition against whom the ejectment application was dismissed by the Rent Controller but allowed in appeal.

(2.) THE landlady Shrimati Telo Devi sought the ejectment of her tenant Piare Lal from the building inter alia on the grounds of non-payment of the arrears of rent and the bonafide requirement for her own use and occupation. It was also averred that the tenant had acquired another house in Nanakpura Colony, Safidon, in the name of his wife and was residing there and that the said house was sufficient for his residence. The allegations made in the ejectment application were controverted by the tenant. As regards the ground of the acquiring of a house by his wife which was pleaded in paragraph 3(E) of the ejectment application, it was stated that the allegations made thereunder were wrong and hence denied. It was also stated that the said house was in occupation of his two sons, Ram Niwas and Sham Lal. On trial, the Rent Controller negatived all the pleas taken by the landlady and consequently, dismissed the ejectment application. In appeal, the learned Appellate Authority affirmed the findings of the Rent Controller on all issues except on the plea that the tenant had acquired another house which was sufficient for his requirements. In view of this finding, the eviction order was passed. Dissatisfied with the same, the tenant has filed this revision petition in this Court.

(3.) CONSEQUENTLY , this revision petition fails and is dismissed with costs. However, the tenant is allowed three months' time to vacate the premises; provided all the areas of rent, if any, and the advance rent for three months, are deposited with the Rent Controller with one month from today and also an undertaking, in writing that after the expiry of the said period of three months, the tenant will vacate the premises and hand over the vacant possession thereof to the landlady. Petition dismissed.