- (1.) Lala Shiv Charan Dass Mehra was the original landlord of the premises in dispute (a residential house) of which the National and Grindlays Bank Limited was the tenant. Admittedly, its rent at the inception of the tenancy was Rs. 300/- per mensum which was raised from time to time, first to Rs. 500/- per mensem in the year 1963, then to Rs. 600/- per mensum in the year 1966, Rs. 700/- per mensem in year 1969 and finally to Rs. 800/- per mensem in the year 1972. The original landlord had issued letter dated 17th of March, 1976, for further enhancement of rent and insertion of certain clauses in the lease deed, and vide letter dated 24th April, 1976, Exhibit R.W. 1/3, the Bank agreed to enhance the rent to Rs. 1000/- per mensem from Ist January, 1975. The original landlord died on 8th of May, 1976, and under his will, the house in dispute is alleged to have developed upon his son Brij Mohan Mehra and the other property has gone to the share of his second son Mohan Lal Mehra.
(2.) On 26th of May, 1976, the two sons of the original landlord filed a petition for ejectment under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, against the tenant. One of the grounds with which we are concerned in this petition was that it was required for the bonafide personal use and occupation of Brij Mohan Mehra and his family members, as he was not occupying any other residential building in the urban area where he has not vacated any such building. It was mentioned that Brij Mohan Mehra had been residing at Kanpur but due to death of his father he has to shift permanently at Amritsar to develop and control his business there. It was further stated that the climate of Kanpur does not suit him.
(3.) In the written statement, the averments made in the ejectment petition were denied. The ground of bonafide necessity was specifically denied and disputed and it was pleaded that the applicants had a number of other buildings and the ejectment was sought to get more rent which had already been increased from Rs. 300/- to Rs. 800/- per mensem and was now demanded at Rs. 1000/- per mensem. A replication was filed and thereafter evidence was led and the Rent Controller, Amritsar, by order dated 19th of October, 1978, dismissed the ejectment petition holding that the statements of Mohan Lal Mehra, A.W. 2, Kunj Lal A.W. 3 and Brij Mohan Mehra, A.W. 4, were materially inconsistent and discrepant on two vital points, that is, as to where Brij Mohan Mehra had been living at Amritsar and what business he had been carrying on there, apart from taking notice of matters like non-production of account books and income-tax returns. It was also kept in view that the rent was increased from Rs. 300/- to Rs. 800/- per mensem was and sought to be increased to Rs. 1000/-. Dissatisfied with the order of the Rent Controller, both the brothers filed an appeal and the Appellant Authority, by order dated 23rd of October, 1979, allowed the appeal and after reversing the order of the Rent Controller, ordered the ejectment of the tenant-Bank. The tenant has come up in revision to this Court.;