SAT PAL Vs. MURARI LAL

JUDGEMENT

(1.) This is tenant's petition against whom eviction order has been passed by both the Courts below. Murari Lal landlord sought the ejectment of his tenant Sat Pal from the house in dispute which was rented out on a monthly rent of Rs. 83.33P, inter alia, on the ground that the tenant was in arrears of rent from 7th June, 1979 and that he required the same for his personal use and occupation as his mother Shrimati Sharafi Devi is 70 years old and always remains ill, so the landlord could not carry her with him to the place of his posting. Moreover, his elder daughter Saroj Bala was also residing with her grand-mother and is staying at Abohar. At present, he is posted at Chitorgarh (Rajasthan), but he wanted his children to be educated at Abohar where the demised premises are situated. The application was contested on behalf of the tenant. It was denied that the landlord bonafide required the premises. Arrears of rent were tendered on the first date of hearing.

(2.) On the appreciation of the evidence, the learned Rent Controller found that the requirement of the demised premises for his own use and occupation i. e. for the residence of his family was most bona fide on the facts and circumstances of the case. Consequently, eviction order was passed. In appeal, the learned appellate authority affirmed the said finding of the Rent Controller and thus maintained the eviction order. Dissatisfied with the same, the tenant has filed this petition in this Court.

(3.) The learned counsel for the petitioner contended that it has been wrongly held by the authorities below that the requirement of the landlord was bona fide. According to the learned counsel, the landlord is already in possession of two rooms in the building in dispute and that itself was sufficient for his accommodation. According to the learned counsel, the findings of the authorities below in this behalf were wrong and illegal.