AMAR SINGH Vs. PARVEEN KUMAR

JUDGEMENT

(1.) THE tenant is in revision aggrieved against the orders passed by the authorities below, whereby the petitioner has been ordered to be evicted on the ground that the demised premises are required for bona -fide use and occupation of the landlord.

(2.) THE respondent -landlord, a practicing Advocate on taxation side, sought the ejectment of the petitioner by filing a petition on 18.5.2000 on the ground that he has purchased the demised premises on 5.11.1999 and that the accommodation in the fathers house of the landlord is not sufficient. It was also pleaded that the wife of the landlord and his mother are not having good relations and that the father of the landlord is an Advocate and is having a separate office. In the house of his father, there are four rooms. Two rooms on the ground floor are used as an office and the other two rooms are used for living purposes and thus, two rooms are not sufficient for the use of the family as another brother of the landlord is living with him and is of marriageable age. Apart from the said fact, the landlord has a sister, who is married and keeps on visiting them. The landlord himself is an Advocate and is having an office in Pichla Bazaar, Bhiwani. One brother of the landlord is residing at Gauhati and he comes to Bhiwani and resides in the house of father of the landlord and thus, the accommodation for the office and for residence of the landlord is not sufficient. The tenant in reply pointed out that the landlord is having four ancestral properties bearing Municipal Nos. S -612, S -613, S -614 and R -588 and therefore, the accommodation is more than sufficient for the use of the landlord and his family members.

(3.) LEARNED Counsel for the petitioner has vehemently argued that in the property belonging to the father and mother, the respondent has a right and, therefore, he cannot seek ejectment of the tenant. However, the said argument is not tenable. So far as the property belonging to father and mother is concerned, the son can use the premises during such time, the son is permitted to stay in the premises. The property No. R -612 belongs to the mother of the landlord. The said property consists of one room and a store on the ground floor and one store on the upper floor, but there is no kitchen nor any bathroom though a toilet exists on the upper portion. The landlord cannot claim possession thereof as a matter of right.