MOHAN LAL Vs. RAM DASS

JUDGEMENT

(1.) THIS order will dispose of Civil Misc. No. 3764/CII of 1979 and Civil Revision No. 648 of 1975.

(2.) BRIEFLY the facts are that Ram Dass landlord Respondent filed an application for ejectment of his tenant Mohan Lal Petitioner on the ground of personal necessity. The application was allowed by the Controller. The tenant than went up in appeal before the Appellate Authority, who affirmed the order of the Rent Controller and dismissed the same. He has now come up in revision to this Court.

(3.) I have heard the learned Counsel for the parties and find force in the contention of the learned Counsel for the Petitioner. Mr. Maluk Singh, learned Counsel for the Respondent, referred to Paramjit Singh v. Bawa Gurdas Ram (Dead),, (1977) 2 Rent. L.R. 165 in which it has been observed that even if the ingredients have not been pleaded but have been proved by the landlord, the orders of the authorities below may not be set aside. The aforesaid observations are not applicable to the present case as in this case the landlord has not stated that he did not vacate such a building without any sufficient cause after coming into force of the East Punjab Urban Rent Restriction Act. Therefore, the abovesaid case is distinguishable.