RAM NATH Vs. BALDEV RAJ CHAWLA

JUDGEMENT

(1.) THIS is tenant's petition against whom eviction order has been passed by both the authorities below.

(2.) ROSHAN Lal was the original owner of the house, in dispute, a part of which was let out to Chaman Lal and Chand Rani (who died during the pendency of the ejectment application). Dr. Baldev Raj Chawla purchased the same vide registered sale deed dated June 11, 1977, for a sum of Rs. 20,000/- and, thus, became the landlord qua the above-said tenants. He filed the ejectment application against Chand Rani and Chaman Lal on August 9, 1977. Later on Chand Rani died, as observed earlier, and her legal representatives were brought on the record. Amended ejectment application was filed on August 26, 1978 on the ground that the landlord bonafide required the premises for his own use and occupation and that of his family members. It was also pleaded that the present accommodation available with him, which was a rented one, was insufficient for his family members and that his landlord was pressing hard for the same. The eviction application was contested by Ram Nath on the grounds that the landlord was comfortably living in the rented house and that the ejectment application was motivated merely for the purpose of enhancement of rent. The learned Rent Controller found that the landlord bonafide required the premises for his own use and occupation. Consequently, the eviction order was passed against the tenant. 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 come up in revision to this Court.

(3.) THE only argument raised on behalf of the tenant in this Court is that there was no occasion for the landlord to vacate the rented premises and, therefore, when there was no reason to vacate the same, no ejectment order could be passed in his favour.