MUNSHI RAM Vs. VIMAL KUMAR

JUDGEMENT

(1.) THIS is tenant's petition against whom ejectment application was admitted by the Rent Controller but eviction order was passed in appeal.

(2.) THE landlords Bimal Kumar and Om Parkash sons of Radhey Shyam purchased the house in dispute in the year 1976. Prior to the purchase, the ground floor of the house was in occupation of the vendees as tenants whereas on the first floor tenant Munshi Ram was in occupation. The present ejectment application was filed on 8th November, 1979 which was later on amended on 12th September, 1981. The ejectment was sought primarily on the ground that the landlords bonafide required the premises for their own use and occupation. It was further pleaded that the present accommodation in their occupation was insufficient to meet their requirements and they did not own or occupy any other premises in the town of Palwal, nor did they vacate any after coming into force of the Rent Act. It was alleged that Om Parkash, landlord, was in service in the National Thermal Power Corporation Limited, Badarpur Division and that he had not yet been allotted any government house. He was recently transferred to Delhi and on his transfer the house allotted to him at Badarpur had to be vacated. The portion of the house i.e. the ground floor was in occupation of his old father, his old uncle and his father's widowed sister, who were wholly dependent on him. Apart from that, family of landlord Om Parkash consists of two sons, one daughter, himself and the wife.

(3.) THE learned Rent Controller found that the landlords have failed to make out a case for their bonafide requirement. Consequently, ejectment application was dismissed.