J C SARASWATI Vs. P N BHATT

JUDGEMENT

(1.) The petitioner (hereinafter 'the tenant') has a grievance against the judgment of Appellate Authority (under the Rent Act) whereby the appeal preferred by him against the order of Rent Controller, Shimla, in case No. 50-2/ 80 decided on 19-3-1982 was dismissed and the findings of the Rent Controller were upheld with a direction to the tenant to handover vacant possession of the demised premises to the landlord in a month. The tenant, therefore, assails the decision of the Appellate Authority arrived at in C.M.A. No. 51-S/ 14 of 1982, decided on 16-6-1982.

(2.) Briefly, the facts are that the respondent (hereafter 'the landlord') preferred an eviction petition before the Rent Controller, Shimla, against the tenant on 5-9-1980. The tenant is occupying the top floor of House No. 4, Upper Kaithu Bazar, Shimla. The accommodation consists of two rooms, kitchen, bath, latrine, balcony and an open verandah. He pays Rs.272/- as rent per annum.

(3.) The claim of the landlord for the rejectment of the tenant is that he is employed as Doctor Major (now stated to be Colonel) in the Army and since September, 1979, is posted in a non-family station and his family, consisting his wife and two school going children, are living in a rented accommodation at Pune, therefore, the premises in question are required for the occupation of his family members. In consonance with his status, he required the entire house including the premises in the top floor in the occupation of the tenant and those in the ground floor in the occupation of one Ghan Shyam Bist.