AMAR SINGH Vs. CHANDER KALA

JUDGEMENT

(1.) THE petitioner/landlord is in revision petition before this Court. Eviction petition filed by him seeking ejectment of the respondent/tenant was allowed by the Rent Controller. Appeal filed by the tenant stands allowed. Parties, hereinafter in this judgment, shall be referred to as "landlord" and "tenant".

(2.) THE premises in question is one room suite with kitchen, bath as well as latrine facilities. It is part of a bigger building known as "Amar Cottage". The rent is Rs. 22.45 per month inclusive of taxes.

(3.) THE landlord admittedly purchased this property on August 3, 1976 and has retired from the Government service as Under-Secretary on April 30, 1980. The premises, as said above, is a part of the main building which has servant quarters also. There are tenants in the main building. One of the sons of the landlord has, admittedly, been allotted Government accommodation that comprises of three rooms, kitchen, bath and latrine. It is said that the said accommodation is insufficient for the requirement of the family. The landlord earlier was residing in the Government accommodation consisting of five big rooms, one kitchen, latrine, store and three verandahs. It is further case of the landlord that the accommodation allotted to his son is on the assurance that he would vacate it when the tenants in the building of his father vacate the respective portions in their occupation.