J.S. Khehar, J. - (1.) PIARA Singh, the Respondent -landlord of House No. 409 -L, Model Town, Jalandhar City, filed an ejectment application against Santokh Singh, the Petitioner - tenant, on various grounds. It was pleaded that the Petitioner was liable to be ejected on the grounds of non -payment of rent with effect from 1.12.1986. Ejectment was also sought on the ground that the Petitioner - tenant had impaired the value and utility of the premises by effecting constructions thereupon. The real contest between the parties has, however, been on the ground of bona -fide personal necessity.
(2.) ON the issue of arrears of rent, it was claimed that the tenant had not paid rent from 1.12.1986. The rate of rent was also disputed. The tenant claimed that rent was payable at the rate of Rs. 170/ - per month, whereas the landlord asserted that it was payable at the rate of Rs. 250/ - per month. On the first date of hearings, the tenant tendered rent for the period from 1.12.1986 to 31.5.1989 at the rate of Rs. 170/ - per month i.e. a sum of Rs. 5200/ -. Besides tendering rent, the Petitioner -tenant also tendered interest (Rs. 410/ - ) and costs (Rs. 100/ - ) as assessed by the Rent Controller. The Rent Controller held that the rent payable was at rhe rate of Rs. 170/ - per month. In view of the aforesaid finding of fact, the Rent Controller also held that the tender made by the Petitioner -tenant to the Petitioner -landlord was valid. The Rent Controller also rejected the plea raised by the landlord on the ground of impairment in the value and utility of the premises. The Rent Controller, in arriving at the conclusion, took into consideration the fact that the landlord Piara Singh had earlier filed an ejectment petition on 20.10.1986, which was dismissed on 10.5.1988. In the earlier petition, the plea of impairment on account of having made additions and alterations and not been raised. The Rent Controller concluded that there was no evidence on the record of the case to arrive at the conclusion that any additions or alterations had been made after 10.5.1988 i.e.. the date when the earlier ejectment petition was dismissed . Even otherwise, on facts, the Rent Controller deliberated on the issue of impairment in the value and utility of the premises and returned a finding against the landlord.
(3.) THE plea raised by the Landlord -Piara Singh on the ground of bona fide personal necessity has been the issue of primary contention between the parties. The aforesaid plea has two facets. Firstly, whether the aforesaid plea raised again at the behest of the Respondent -landlord is barred by the principle of res judicata. Secondly, if the aforesaid plea is not barred by the principle of res judicata, is the tenant Santokh Singh liable to be ejected on the ground of the landlords bona -fide personal necessity. The Rent Controller framed the following two issues in this behalf: (1) Whether the petition is barred by the principle of res judicata ? OPA (4) Whether the Petitioner bona fide requires the demised premises for his own use and occupation? OPA On the first facet, the Rent Controller held that the earlier determination between the parties on the filing of ejectment application No. 158/86, instituted on 20.10.1986 (decided on 10.5.1988), operated as res judicata between the parties. The Court, however, held that subsequent events and facts could be taken into consideration for determining the issue of bona fide personal necessity. While deciding issue No. 4, the Rent Controller arrived at the conclusion that the requirement of the landlord at the time of filing of the present ejectment application was lesser than his requirement at the time of the decision of the earlier ejectment application. Having held that the decision rendered earlier operated as res judicata, the Rent Controller, by implication, arrived at the conclusion that the plea of bona fide personal necessity now raised could not be accepted since the present requirement of the landlord was less than the requirement of the landlord at the time of filing the earlier ejectment application.;