SAT PAL SINGH Vs. DILBAGH RAI

JUDGEMENT

(1.) Since the petitioner landlord in his ejectment petition has not pleaded the requirements envisaged under section 13(3) (a)(i) and this court has authoritatively held in Shri Banke Ram v. Smt. Sarasti Devi, 1977 RajdhaniLR 82 that pleading of the aforesaid requirements is a sine qua non, in case he seeks ejectment on personal necessity this petition cannot succeed, but this Court has the case to the trial Court with a permission to the petitioner landlord to amend the ejectment application by incorporating the said plea. I order accordingly.

(2.) The case is remitted to the Rent Controller and the petitioner is directed to file the amended application within one month from today. The respondent-tenant shall be entitled to file return thereto and both the sides would be entitled to lead further evidence regarding the issue of necessity. The records of the case be sent back immediately. No order as to costs. Case remanded.