DES RAJ KOHLI Vs. INDER KUMAR

JUDGEMENT

(1.) NATHI Ram landlord (respondent herein), sought ejectment of Des Raj Kohli, tenant (petitioner herein) from the demised house on ground of personal necessity of his own and his family. The Rent Controller allowed the petition and order ejectment. This order was sustained by the Appellate Authority, and the appeal of the tenant was dismissed. Hence the present revision petition at the instance of the tenant.

(2.) MR . Sandhu, appearing for the tenant, has canvassed that after the filing of the ejectment application, the landlord had sold four houses i.e. Nos. 2075-2078 in the very town in which the demised premises is located. this fact the has admitted in his cross-examination by appearing as his own witness. In view of the said development after the filing of the petition, the courts below should have dealt with the said aspect of the case and given a finding as to whether the premises that were sold were residential buildings or non-residential ones, and whether these buildings were sold to the tenant, occupant thereof, or anybody else.

(3.) THE parties shall appear before the Rent Controller on 20th May, 1986. The case be listed again after receipt of the report of the Rent Controller. Case remanded.