MISHRI LAL Vs. SUBHASH KUMAR JAIN

JUDGEMENT

(1.) The present revision petition is filed against the judgment of the Appellate Authority dated 30.05.2015 vide which the appeal preferred by the respondent-tenants against the order and judgment dated 27.08.2012, passed by the Rent Controller qua the bonafide need of petitioner-landlord was reversed and consequently, the rent petition filed by the petitioner-landlord was dismissed.

(2.) Learned counsel for the respondent-tenants while vehemently opposing the revision petition, stated that the petitioner-landlord had concealed material facts. He did not come to the Court with clean hands. He did not disclose that the shops bearing Nos.311 and 312 were triple storeys and their first and second floors were lying vacant. Hence, appeal against the order of the Rent Controller was allegedly allowed. It was further argued that petitioner-landlord is seeking eviction for the purpose of his grand-sons. Moreover, under the definition of the members of the family, grand-children did not come within the definition and nor are they dependent upon him. Therefore, his bonafide need was not genuine.

(3.) In order to ascertain as to whether the petitioner-landlord had concealed the fact that shop bearing Nos.311 and 312 are 3-storey building, it would be appropriate to reproduce para 6 of the petition, which reads as under:-