KULBIR CHAND Vs. KEWAL KRISHAN

JUDGEMENT

(1.) THIS is tenant's petition against whom eviction order has been passed by both the authorities below.

(2.) THE landlord Kewal Krishan sought the ejectment of his tenant from the premises in dispute which consists of four rooms on the ground floor whereas on the first floor the landlord himself was residing. The premises were let out on monthly rent of Rs. 80/- for the residence of Kulbir chand, tenant. The ejectment was sought, inter alia, on the grounds of non-payment of arrears of rent as well as on the ground of material alternations made by the tenants impairing the value and utility of the demised premises. Thirdly, on the ground that the landlord required the demised premises for his own use and occupation because he has small children and it is very difficult for him and his family members to live on the first floor.

(3.) THE main controversy between the parties before the Rent Controller was as to the relationship of landlord and tenant between the parties. The learned Rent Controller came to the conclusion that the tenant Kulvir Chand had taken the premises on rent from the landlord and, therefore, the relationship of landlord and tenant between the parties existed. It was further found that the landlord bonafide required the premises for his own use and occupation. The plea of the tenant that it was given for running a school and was, thus, a non-residential building was negatived. Consequently, eviction order was passed.