NARINDER NATH Vs. GOVERNMENT OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This revision has been directed against the order passed by. the learned Rent Controller dated 26.7.1979 and one passed by the learned Appellate Authority dated 23.8.1980 in the appeal preferred by the petitioners.

(2.) The petitioner-landlord had brought a petition for eviction of the respondent-tenants under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, on various grounds including personal necessity. Learned Rent Controller and Appellate Authority held that the petitioners had earlier filed similar petitions which were withdrawn and that became the prima facie ground for declining the desired relief to the petitioners. It is, no doubt, true that other reasons have also been given by the learned Rent Controller and Appellate Authority in declining the relief to the petitioners, but all these reasons have been given in perfunctory manner, particularly by the Appellate Authority.

(3.) So far as finding of the learned Appellate Authority with regard to the fact that the petitioners earlier filed petitions under Section 13 of the East Punjab Urban Rent Restriction Act and dismissal thereof, is concerned, this court is of the view that this finding is erroneous and needs to be set aside.