BATA INDIA LTD. Vs. KARAM CHAND

JUDGEMENT

(1.) THIS is tenant's petition against whom ejectment application was dismissed by the Rent Controller but eviction order was passed in appeal. Karam Chand landlord who died during the pendency of the proceedings sought the ejectment of his tenant Bata India Limited formerly M/s. Bata Shoe Company Private Limited from the room in dispute which is a part of a residential house which was let out as a godown with effect from 23.4.1973. The ejectment was sought inter alia on the ground that the landlord bonafide required the same for his own use and occupation. The tenant denied the said allegation and on the ground that the premises were let out for non-residential purposes and, therefore, the same could not be got vacated for personal necessity.

(2.) ON trial, the learned Rent Controller negatived all the pleas of the landlord and thus, dismissed the ejectment application. In appeal the learned Appellate Court affirmed the findings of the Rent Controller except on the question of the subletting. It was held by the Appellate Authority that the premises were let out to M/s. Bata Shoe Company Private Limited but now these are in occupation of M/s. Bata India Limited which according to the Appellate Authority was a separate entity. Consequently, the eviction order was passed.

(3.) THE premises in dispute being one room which is a part of residential building, the bonafide requirement of the landlord is writ large and no meaningful argument were raised to challenge the same. In this view, the other grounds need not be gone into. Consequently, this petition fails and is dismissed with costs.