AMARJIT SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) THIS is a landlord's petition in whose favour an eviction order was passed by the Rent Controller but was set aside in appeal.

(2.) THE landlord sought the eviction of his tenant on two fold grounds that the tenant has not paid the rent due and that the demised house is required by him for his own use and occupation. The tenant controverted the said allegations in his written statement.

(3.) I am of the considered view that whole approach of the learned Appellate Authority was misconceived, illegal and improper. While judging the need of the landlord the authorities under the Rent Restriction Act are not supposed to advise as to how the landlord should manage his affairs. In order to find the need of the landlord, the authorities under the Act are only to see that the application is bonafide one and is not actuated by mere desire. In this behalf the relevant observations of the Supreme Court in Baga Begum and others v. Abdul Ahad Khan and others 1979 (1) RCR 170, are most relevant which reads as under :-