DAYA NAND SUHAG Vs. DHARAM CHAND

JUDGEMENT

(1.) THE Rent Controller directed ejectment of Daya Nand Suhag the tenant, from the house in dispute on April 25. 1987. His appeal failed before the Appellate Authority. Hence he is in revision.

(2.) DHARAM Chand and others, landlords, claimed ejectment of Daya Nand Suhag on two grounds ; firstly, that the tenant was in arrears of rent for the period' from September 1, 1983 to May 31, 1984, and secondly, that Dharain Chand required the premises in dispute for his own use and occupation he being an old person he required the assistance of others. He asserted that wife and children of Bhim Sain the other landlord, would shift to Gurgaon to reside with him Other landlord also used to visit Gurgaon to stay with Dharam Chand and thus for all the landlords the premises in dispute were bonafide required The petitioner Daya Nand Suhag contested the application, inter alia alleging that agreed rate of rent was Rs. 120/-per month and not Rs. 130/par moath as claimed by the landlord He had sent rent for some period by money orders which were not accepted by Dharam Chand. It was admitted that Dharam Chand was residing in Gurgaon However, accommodation in his oecopution was sufficient With regard to other landlords it was stated that they were settled outside Gurgaon and were residing there with their families. On the pleadings aforesaid following issues were framed : (1) Whether the respondent' is liable to ejectment on the grounds mentioned in para No. 9 of the petition ? Opp (2) Whether application is bad for mis joinder of parties and cause of action? OPP. (3) Whether petitioners have no locus standi to file the petition as alleged? OPP (4) What is the rate of rent ? OPR (5) Relief

(3.) THE Rent Controller held that the agreed rent to be Rs. 130/- per month and directed ejectment of the tenant for non-payment of arrears of rent. He also found that Dharam Chand bana fide required the premises in dispute for his own use and occupation other issues were also decided against the tenant. In appeal the Appellate Authority affirmed the findings of the Rent Controller end-directed ejectment of the tenant In appeal an application was filed for taking into consideration additional evidence that some of the landlords owned and possessed other houses at Gurgaon He also wanted to examine Clerk of the Assessing Authority of the House-tax. This application was also considered and rejected by the Appellate Authority.