A S. AGNIHOTRI Vs. SHRIMATI GAURAN DEVI

JUDGEMENT

(1.) THIS is landlord's petition in whose favour eviction order-was pasted by the trial Court but the same was setaside in appeal.

(2.) THE landlord A.S. Agnihotri sought the ejectment of his tenant Charanji Lal from the house in dispute situated at Ludhiana on the ground that he has retired from the government service on 31st July, 1980 and has no other house excepting the house in dispute. At present, he is living at Chandigarh in rented house paying Rs. 750/- as rent. Since 1968 he is in Chandigarh as he was posted there and ultimately retired from there. Ejectment application was filed on 23rd September, 1980, on the ground that he bonafide requires the premises in dispute for his own use and occupation after his retirement. It was also pleaded that he had not vacated any other building in the urban area concerned without any sufficient cause.

(3.) THE learned trial Court came to the conclusion that the landlord requires the premises bonafide for use and occupation and that the previous litigation between the parties did not bar the present petition. The story put up by the tenant that the landlord wanted to increase the rent or wanted to sell away the property, was negatived. Consequently, eviction order was passed.