M.M. Punchhi, J. - (1.) One Kaka, Ram, the original landlord, filed an eviction application against Ramesh Kumar and others, success-in interest of the original tenant Jit Ram. The rent Controller accepted the application and ordered eviction of the tenants. During the pendency of the appeal by the tenants, Kaka Ram landlord died. His legal representatives being his widow Shakuntla Devi ; his two daughters Sheela Devi and Veeran Devi ; and grand. daughter Swarna Devi were brought it on record. The Appellate Authority allowed the appeal. and dismissed the eviction petition It was held that the premises in dispute were not bona fide requited by the applicant for his own use and occupation. The present revision petition is at the instance of the successors-in-interest of the landlord.
(2.) Mr. Khem Chand Jain, the learned counsel for the petitioners, has brought out two factors which would obviate the necessity for pronouncing finally in the matter. The first one is that even if he succeeds on the question of bona fide requirement, his petition would fail on the technical ground that the eviction petition is bereft of the requisite pleading on three points- (a) that be needs the house of personal necessity:- (b) that he had not vacated any such building in the municipal area ; acid (c) that apart from the disputed premises, he did not possess any other residential house in the municipal area. The essential ingredients aforementioned have got to he pleaded and proved, as held by a Full Bench of this court in Banke Ram Vs. Smt. Saraswati Devi, 1977(l) Rent Law Reporter 417 . The learned counsel far, the respondents does not Dispute that the eviction petition would alter on this ground alone. The learned counsel for the petitioners in these circumstances wants to withdraw the petition for eviction with permission to file any fresh petition not only on the same cause of action but also on cause of action which are personal to the present set of landlords in their own rights. To that course there can be no objection on behalf of the tenant-respondents and none has been raised by the learned counsel for the respondents.
(3.) In the result, the petitioners are permitted to withdraw the eviction petition with permission to file a fresh eviction petition in the light of observations made above. The orders of the Courts below automatically stand demolished by the withdrawal of the eviction petition. Ordered accordingly. No costs. Order accordingly.;