JAGDISH RAI Vs. GANGA DHAR JAMNAKAWALA

JUDGEMENT

(1.) THE landlord has filed the present revision petition against the orders of the authorities below dismissing his application for eviction.

(2.) THE application was filed by the petitioner-landlord on the ground that the respondent-tenant is liable to be ejected on the ground that he was a nuisance to the occupant of the remaining portion of the building in the neighbourhood. The tenant has got three khans on lease whereas two khans are with the landlord. The allegation of the petitioner-landlord is that the respondent had agreed to make available passage to the landlord for going to the two khans retained by him but the respondent-tenant does not permit him to go to those two khans and in view of the non-availability of the access to these two khans, the respondent-tenant has become a nuisance to the petitioners-landlord. The learned Rent Controller found on the basis of the statement of the respondent-tenant on 10.5.1979 that the two khans were in possession of the landlord and that he has never put any obstruction in the landlord's going to those two khans and would never do so at any time in future. He repeated the aforementioned undertaking before the appellate authority as well. On the basis of the evidence led before the learned Rent Controller, it was found that the petitioner was not liable to be ejected on the ground of nuisance. On appeal, the judgment of the learned Rent Controller was affirmed by the appellate authority.

(3.) AFTER hearing the learned counsel for the parties and after going through the entire record, I am afraid that no contrary view can be taken. The respondent was present in person and he also undertook before me that he would not create any hindrance in the access of the landlord to approach the two rear khans.