(1.) THIS is landlord's petition whose ejectment application has been dismissed by both the authorities below.
(2.) SALIG Ram Sharma and his mother Smt. Vidya Wati filed the ejectment application against their tenant Jagan Nath Sharma from the house in dispute, primarily on the ground that they bonafide require the premises for their own use and occupation. According to Salig Ram Sharma, the premises in dispute are required by him for his bonafide use and occupation because he was going to retire from the Government service in March, 1981 and he wanted to settle at Patiala thereafter as he originally belonged to that place. According to him, his mother Smt. Vidya Wati was in occupation of one room in another house which was not suitable to her. In any case, the said accommodation was insufficient for the parties. The application was contested on the ground that there was no relationship of landlord and tenant between Salig Ram Sharma and Jagan Nath Sharma. Accordingly to him, he was tenant under Smt. Vidya Wati, the landlady. It was also pleaded that the demised premises are not required by the landlords for their own use and occupation and the same had been filed with mala fide intentions. The learned Rent Controller found that only Smt. Vidya Wati was the landlord. It was further found that since Smt. Vidya Wati did not require the demised premises for her own personal use and occupation, the bonafide requirement of Salig Ram though found to be genuine was of no consequence. In view of these findings, the ejectment application was dismissed. In appeal, the learned Appellate Authority affirmed the said finding of the Rent Controller and thus maintained the order dismissing the ejectment application. Dissatisfied with the same, the landlords have filed this petition in this Court.
(3.) IT has been stated at the Bar today that during the pendency of this petition, Smt. Vidya Wati has died. It is in the evidence that Salig Ram Sharma was the only son left behind by Smt. Vidya Wati. In these circumstances, it is evident that after the death of Smt. Vidya Wati now Salig Ram Sharma has become the landlord with respect to the demised premises qua Jagan Nath Sharma, tenant. As observed earlier, as regards the bonafide requirement of Salig Ram Sharma, it has already been found by the Rent Controller that he did require the premises for his own use and occupation after the retirement. The authorities below dismissed the ejectment application on the ground that requirement of Salig Ram Sharma will not matter because he was not the owner of the dispute house. In view of this subsequent event, during the pendency of this petition, Salig Ram Sharma having become the owner of the demised premises is entitled to seek ejectment of his tenant, Jagan Nath, on account of his bonafide requirement for his own use and occupation. Consequently, the petition succeeds and is allowed, the orders of the authorities below are set aside and eviction order is passed against the tenant, Jagan Nath, in favour of Salig Ram. The name of Smt. Vidya Wati be struck off from the memo of parties. In the circumstances, Civil Misc. application becomes infructuous and is dismissed as such. However, the tenant is allowed three months' time to vacate the premises provided the arrears of rent, if any, and advance rent for three months are deposited with the Rent Controller within one month, with a further undertaking in writing that after the expiry of the said period the premises will be vacated and the vacant possession of the premises will be handed over to the landlord. Revision allowed.