DEVI DAYAL Vs. SURINDER MOHAN SHARMA

JUDGEMENT

(1.) THIS revision petition is against the order of the appellate authority reversing the order of the Rent Controller and ordering eviction of the petitioner in terms of Section 13 of the Act.

(2.) THE respondent-landlord filed an eviction application against Daya Chand @ Devi Dayal (now deceased) on the ground that he is in arrears of rent as well that the premises in dispute is required for his residence and for residence of his family members.

(3.) UNDER issue No. 1 it was held that respondent is the landlord of the premises in question and the present petitioner is occupying the same as tenant under him. Issue No. 2 was decided against the landlord holding that arrears of rent as claimed alongwith the interest and cost as assessed by the Court was tendered by the tenant in Court on the first date of hearing and so there was nothing due against the tenant. Under Issue No. 3 it was held that the landlord has failed to prove the element of need and so this issue was decided against the landlord. Issue No. 4 was also decided against the landlord. Resultantly, the application for eviction was dismissed.