KESHO LAL SHARMA Vs. RAN SINGH HOODA

JUDGEMENT

(1.) The present revision petition has been filed by Kesho Lal Sharma, hereinafter described as "the petitioner" directed against the judgment of the Appellate Authority, Rohtak, dated 5.10.1996. By virtue of the same, the learned Appellate Authority had set aside the ejectment order passed by the learned Rent Controller and instead dismissed an eviction petition filed by the petitioner.

(2.) The relevant facts are that the petitioner filed eviction petition against the respondent with respect to the property in question. The sole ground relevant for the purpose of the present revision petition is as to if the petitioner bona fide requires the property in question or not. He asserted that the petitioner had only two rooms in his occupation, out of which one is being used as a store. The petitioner has one married son who at the time when the petition was filed was likely to be transferred to Rohtak. The accommodation is insufficient.

(3.) The respondent contested the eviction application. There was no dispute raised about the relationship of landlord and tenant. The respondent's case was that he was a tenant in the suit premises for the past 20 years. It was denied that the petitioner requires the property for himself or members of his family. The respondent used to look after the other portion of the house of the petitioner. The petitioner had shifted to Jammu where his son was married and posted. Plea was raised that, in fact, the petitioner had asked the respondent to purchase the property but the respondent could not afford the amount.