LAWS(P&H)-1987-4-21

SHANKER SINGH Vs. P.C. SHARMA

Decided On April 09, 1987
SHANKER SINGH Appellant
V/S
P.C. Sharma Respondents

JUDGEMENT

(1.) THIS is tenant's revision petition against whom the eviction order has been passed by both the authorities below.

(2.) THE landlord, P.C. Sharma, filed the ejectment application on September 6, 1983, for the ejectment of the tenant Shankar Singh from the demised premises consisting of one room on the second floor of House No. 145, Section 18-A, Chandigarh. The ejectment was sought on the ground that the landlord bonafide required the premises for his own use and occupation and that the present accommodation in his occupation was insufficient. He was employed as an Under Secretary in Government of Haryana retired from service on December 31, 1983. The tenant controverted the allegations regarding the landlord's bonafide requirement of the demised premises. It was pleaded that the eviction application was mala fide having been filed on his not agreeing to his demand to the increase in rent. On the appreciation of the entire evidence, both the authorities below concurrently found that the requirement of the landlord was bonafide and ordered tenant's ejectment from the demised premises. Dissatisfied with the same, the tenant has filed this revision petition in this Court. During the pendency of this revision petition in this Court Civil Miscellaneous Application No, 1846-CII of 1987 has been filed on behalf of the tenant in order to bring on the record the facts that the landlords had taken possession of one room and a kitchen on the first floor of the house, in question on March 31, 1987, from Bhola Ram who was also a tenant on the said promises. Therefore, the landlord's requirement of the demised premises was no more bonafide. It may be mentioned here that meanwhile P.C. Sharma, landlord, died and his legal representatives, i.e., his widow and his two sons were brought on the record.

(3.) AFTER hearing the learned counsel for the parties, I do not find any merit in this revision petition.