RAMESH CHAND Vs. RAMESH CHAND DOGRA

JUDGEMENT

(1.) Respondent-Landlord Ramesh Chand Dogra sought ejectment of revision petitioner Ramesh Chand from the demised premises on the ground of personal bona fide necessity, which was described in para 4 of the rent petition as follows:-

(2.) The pleas taken by the respondent-landlord were contested by the revision petitioner and learned Rent Controller discarded the plea of the landlord seeking ejectment of revision petitioner from the demised premises with observation that the need of landlord for demised premises is not bona fide.

(3.) If the necessity of a landlord having such large family, living in an accommodation provided by someone whether as licensee or in any other capacity, is not termed bona fide, in that case, there could not be any better example of bona fide necessity for the premises by the landlord. The premises in possession of revision petitioner comprises of one room, kitchen, common bathroom and toilet. Presently, the son of petitioner is posted in Jammu and one of his daughter is married. Whenever a married son or married daughter visits his/her parents, they are required to be accommodated. One daughter of respondent-landlord is unmarried and living with him. Appellate Authority has rightly observed that learned Rent Controller got swayed by the whims, presumptions, assumptions and irrelevant facts while reaching the conclusion that the need of the landlord is not bona fide. Perusal of the need projected by the landlord in para 4 of the petition clearly depicted that he requires the demised premises for his personal bona fide necessity which include the necessity of his son, daughters and wife. However, learned Rent Controller got swayed by the fact that the personal bona fide necessity is for landlord's son and wife, who are now posted in Jammu. Even if, it be believed that the landlord requires the premises for his son and his wife, the plea taken by him could not be discarded on the mere ground that the son is now posted and living at Jammu along with his wife. Even a married son or daughter when visit their parents, require accommodation during their stay with them. The approach of learned Rent Controller was highly technical, improper, perverse and unsustainable in the eyes of law and has rightly been differed and rejected by the Appellate Authority.