SWARAJ Vs. CHETAN DASS

JUDGEMENT

(1.) THIS is tenant's petition against whom ejectment application was dismissed by the Rent Controller but eviction order was passed in appeal.

(2.) HOUSE No. 33 Jiwan Nagar, Sonepat was originally let out to Badri Nath Bedi at a monthly rent of Rs. 40. On the death of Badri Nath, his widow and sons and daughters inherited the tenancy rights. The present ejectment application was filed in 10th December, 1979, on the grounds, inter alia, that the landlord bonafide required the premises for his own use and occupation; that he was a railway employee and want then residing at Ludhiana but was going to retire from service in the near future. In the Written Statement it was pleaded that the landlord has permanently settle at Ludhiana where he owned a personal spacious house and he had no intention at all to shift to Sonepat. The learned Rent Controller found that the tenants were not liable to ejectment from the house in question as the landlord had failed to prove his bonafide requirement. In appeal, the learned Appellate Authority reversed the said findings of the trial court and came to the conclusion that the landlord bonafide required the premises in dispute for his personal use and occupation after retirement in January, 1985 and was, thus, entitled to seek the ejectment of his tenant. Consequently, eviction order was passed. Dissatisfied with the same, the tenants have filed this petition in this Court.

(3.) NOW it has been stated at the Bar, and could not be disputed, that the landlord is going to retire in January, 1988, at the age of 58 years. His date of birth is 12th January, 1930, as per his statement in Court. Earlier he sought premature retirement because of his ill-health and that is why he filed the ejectment application in the year 1979. Later on he changed his mind to seek premature retirement and hence the case was got adjourned. Now at the age of 58 years he is going to retire in the year 1988 and, therefore, he is entitled to seek the ejectment of his tenant.