ASHOK VASHIST Vs. SMT. PREM KATARIA

JUDGEMENT

(1.) Present revision petition has been preferred by Ashok Vashist tenant, who after having remained unsuccessful in the two courts below, has invoked the revisional jurisdiction of this Court.

(2.) The landlord instituted an eviction petition on 15th Nov., 1999. A period of nine years of turmoil in the courts and the ground of personal necessity has persuaded this Court to decide the case in the motion hearing. A Coordinate Bench, on 23rd Sept., 2008, had taken on record the rent petition, written statement and replication to determine the controversy between the parties.

(3.) In the rent petition, Mr. Amrit Kataria has stated that he is 75 years of age. He is the patriarchal head of the family and his family is dealing in the supply and repair of optical goods. He further states that his wife is in the late 60s and is having pelvic injury. Therefore, for their upkeep and care, they are dependent upon their two sons. As it emerges from the reading of the eviction petition, petitioner therein has two sons. His one son Rajinder Kataria, who at the time of filing of the petition was 43 years old, along with his wife and two children is living with the landlord. From the discussion of the Rent Controller, it emerges that at that time, two grandsons were of 9th and 10th standard. Another son Rajesh Kataria, who has done Masters Degree in Computer Engineering, at that time was settled in New Zealand and now, according to Mr. Jindal, he is settled in Australia. At the time of filing of the petition, it is stated that his wife was a Lecturer at a distance of 10 kilometers and was also staying with the landlord and she was also having a son. From the perusal of the judgments of two courts below, it is also revealed that the two daughters of the landlord are married and on visiting terms with the landlord.