RAMJI LAL Vs. DEVI DAYAL

JUDGEMENT

(1.) THIS revision, filed by a tenant impugns the judgment of Appellate Authority, Bhiwani dated 20.1.1994, whereby the judgment of the Rent Controller dated 16.1.1992, dismissing the petition for ejectment, was reversed.

(2.) THE respondent herein, filed a petition for ejectment of the petitioner, pleading various grounds. The only grounds that survive for consideration are whether the premises in dispute are residential/non-residential and whether the Appellate Authority was right in directing the petitioner's ejectment on the plea of personal necessity.

(3.) AGGRIEVED by the aforementioned order, the respondent herein, preferred an appeal. The petitioner, aggrieved by the finding that the premises were residential, impugned the said finding by way of cross-objections. The appellate authority, vide judgment dated 21.1.1994, accepted the appeal, filed by the respondent landlord. The finding of the trial Court on the nature of the building were affirmed. The first appellate Court proceeded to reverse the finding of the trial court on the ground of personal necessity and ordered ejectment of the petitioner.