CHRIST HIGH SCHOOL AND NURSERY Vs. BHARBHAGWAN SINGH

JUDGEMENT

(1.) THE petitioner who is the tenant is aggrieved by the fact that the impugned order was extremely vague and did not detail the additional evidence that has thereby been permitted and that at the appellate stage the case set up by the landlord has been changed.

(2.) AS against this, Mr. Suvir Sehgal, learned counsel appearing for the Caveatorlandlord, has urged that in the application filed for producing additional evidence two fresh facts were sought to be proved before the trial Court; firstly that the annexee portion of the demised premises was not rented out to the petitioner as it was already on rent with Messers Formic India Limited as evidenced by the lease deed executed in the year 1972 and, secondly, that after the filing of the ejectment application the children of the landlord i. e. Harpreet Singh Bassi and Inderpreet Bassi had been admitted to Classes 6th and K. G. in Vivek Public School, Sector 38, Chandigarh and Yadvindra Public School and these additional facts were relevant for determining the personal necessity of the landlord.

(3.) THE second ground is however tenable. In the case of an eviction sought on the ground of personal necessity, subsequent events can be noted and evidence led in that behalf.