KANWAR LAL BHUSHAN Vs. PYARE LAL

JUDGEMENT

(1.) THIS is landlord's petition whose ejectment application has been dismissed by both the authorities below.

(2.) THE landlord, Kanwar Lal Bhushan sought the ejectment of his tenant Pyare Lal (who died during the pendency of the proceedings before the Rent Controller), from the premises in dispute which consist of three rooms a verandah and a courtyard, situate in Ahata Manohar Lal. The said Ahata has 32 rooms out of which are occupied the premises in dispute by the tenant Pyare Lal. The ejectment application was filed on 23rd August, 1974, primarily on the ground that the landlord bonafide required them for his own use and occupation ; that at present he is residing at Delhi with his son when he retired from service on 23rd July, 1974, and that now, after retirement he wants to shift to Karnal and live in the premises in dispute himself. The application was contested on the ground that the requirement of the landlord was not bonafide, and that he had not given any reasons as to why he wanted to shift from Delhi to Karnal when he was already practicing at Delhi, as also doing research there. The learned Rent Controller found that the landlord had failed to prove that he bonafide required the premises for his own use and occupation. Consequently, it dismissed the application vide order dated 18th September, 1981. In appeal, the learned Appellate Authority affirmed the finding of the Rent Controller, thus maintained the order rejecting the ejectment application. Aggrieved with it, the landlord had filed this petition.

(3.) LEARNED counsel for the petitioner contended that after his retirement, the landlord wanted to shift to his native place at Karnal and occupy the demised premises, and, therefore, the requirement of the landlord was bonafide, and the findings of the authorities below in this behalf were wrong, illegal and misconceived.