NISAR KHAN Vs. DR. VIJAY GUPTA

JUDGEMENT

(1.) The present petition has been filed against the concurrent findings recorded by the Rent Controller, Yamuna Nagar and the Appellate Authority on the issue of the bona fide requirement.

(2.) While the Rent Controller vide order dated 14.05.2013 had dismissed the ejectment application on the ground of ceased to occupy, the cross-appeal of the landlord has also been allowed by the Appellate Authority, Yamuna Nagar on 17.11.2016 by holding that there is no electricity connection in the premises in question, since 2008. Therefore, the running of the shop of mobiles and property financing without electricity connection is not possible and, therefore, ejectment has also been ordered on that ground.

(3.) The petition was filed by the respondent-landlord on the ground that the tenant was under tenancy of the Chhobara @ Rs. 1,200/- per month and there was non-payment of rent from the period of 01.02009 till 31.12.2009. On the ground of bona fide requirement, it was alleged by the landlord that a Dental Hospital was being run by him and the accommodation on the ground floor was insufficient and Chhobara in dispute is also an entry through the stair case and the same was bona fide required by the respondent-landlord and also to accommodate his son. The tenant was doing the business under the name of Bharat Mobiles, Bharat Finance and Property Adviser, but he is not doing the business anymore and there is no electricity connection or telephone connection and thus he ceased to occupy the premises in question for a continuous period of two years, when the petition was filed on 04.01.2010.