- (1.) The landlord petitioner has filed this revision petition against the order of the Appellate Authority, Chandigarh, dated 3rd April. 1976, whereby the order of the Rent Controller directing the ejectment of the tenant was set aside.
(2.) The landlord petitioner filed the ejectment application against his tenant from the portion of the residential house situated at Chandigarh on the ground inter alia that he bonafide required the premises for his own use and occupation and secondly that the tenant was using the building for a purpose other than for which it was leased. The application was contested on behalf of the respondent-tenant, and all the allegations made against him were denied The arrears of rent were tendered on the first date of hearing alongwith the costs and interest,. which was duly accepted by the landlord-petitioner under protest. On the pleadings of the parties, the Rent Controller framed the following issues : 1. Whether the relationship of landlord and tenant exists between the parties 2. If issue No. 1 is proved, whether the respondent is liable to be ejected on grounds alleged in the petition 3. Whether the tender of arrears of rent is not valid 4. Relief.
(3.) The Rent Controller directed the ejectment of the tenant on the ground that the landlord bonafide required the premises for his own use and occupation and as well as on the ground that the tenant is using the building for a purpose other than that for which it was leased. In appeal the Appellate Authority has reversed both these findings of the Rent Controller and consequently dismissed the ejectment application. Feeling aggrieved against this, the landlord has come in. revision to this Court.;