GOPAL DAS VERMA Vs. S K BHARDWAJ

JUDGEMENT

(1.) This petition raises the question whether the lower appellate Court was justified in declining to order the eviction of a tenant.

(2.) One Dr. Gopal Das Varma is the owner of a double-storeyed building known as 28, Barakhamba Road, New Delhi, the ground-floor of which consists of a block of offices and the first floor of which consists of four flats. Three of these flats are in the occupation of the landlord while the fourth has been letout to one Dr. Bhardwaj, a specialist in diseases of the ear, nose and throat. The tenant appears to have taken the premises on lease as lone as ago as the year 1934, although the first agreement of tenancy was not executed till the 8th November, 1935. According to this agreement which is on a printed form the landlord agreed to let out his flat No. 1 to Dr. Bhardwaj on a rent of Rs. 90 per mensem payable in advance. The tenancy was to commence on the 1st day of October, 1935 and was to continue upto the 30th September, 1936 when it could be renewed on terms to be settled later. The tenancy was in fact renewed from year to year and the flat is still in the occupation of the tenant.

(3.) In October, 1953 the landlord brought a suit for the ejectment of Dr. and Mrs. Bhardwaj on two grounds, namely (1) that the landlord required the premises for occupation as a residence for himself and the members of his family, and (2) that the tenant had recently built a suitable residence for himself in the Golf-link area in New Delhi. The trial Court found in favour of the landlord and ordered the eviction of the tenant. The Senior Subordinate Judge, however, reversed this order in appeal set aside the order of eviction and dismissed the landlord's suit. The latter is dissatisfied with the order and has come to this Court in revision.