JETHA NAND Vs. RAM CHANDER AND ANOTHER

JUDGEMENT

(1.) THIS is a revision petition filed by a landlord who has failed to obtain an order for the ejectment of his tenant either from the Rent Controller or the Appellate Authority.

(2.) THE house in dispute is situated in the town of Gurgaon and it was an evacuee property occupied by Ram Chander and Ganpt Ram under the Custodian. The house was purchased in public auction by the landlord Jetha Nand in October, 1956 for Rs. 24,000.00 and in due course the allottees became tenants under him, but about a year after his title became complete by the delivery of the sale certificate the landlord instituted the ejectment proceedings on the grounds of non -payment of arrears of rent, which was met by the tenants complying with the proviso in sub -section (2) of section 13 of the East Punjab Urban Rent Restriction Act, and of personal requirement, the grounds pleaded by him in this behalf being that the water and climate of Rewari where he had hitherto been residing did not suit him, that he needed the house because his son was studying in the Ahir College at Gurgaon and that he owned some land at Nuh which he could manage better from Gurgaon than from Rewari. Neither the learned Rent Controller nor the learned Appellate Authority found these grounds at all convincing and thus they were not satisfied that the landlord bona fide required the house for his own residence. In fact it was held that the landlord merely wished to get rid of the tenants from who in he was realising only the nominal rent fixed by the Custodian with a view to either letting the house to better advantage or selling it with vacant possession.

(3.) IT must be said at once that the reasons given by the landlord for wanting to move from Rewari to Gurgaon are not particularly convincing. There cannot be so much difference between the climate (sic) water in the two towns as to occasion any change and refer to the map shows that the petitioner's lands at Nuh the management of which is his only occupation since he is not (sic) on any business in Rewari, are almost equidistant from the two towns. There may perhaps be (sic) instification for his wanting to live in his own house on the ground that his son can more conveniently study in a college at Gurgaon.