JASWANT LAL Vs. BANSI LAL SHARMA

JUDGEMENT

(1.) This is landlord's petition whose ejectment application has been dismissed by both the authorities below.

(2.) The landlord sought the ejectment of his tenant, inter alia the ground that he bonafide required the premises for his own use and occupation. It was alleged that the premises were mortgaged with the respondent without possessions 21st November, 1979 for a sum of Rs. 6,000/- On that very day, vide rent note dated 21st November, 1979 the premises were let out to the respondent for a monthly rent of Rs. 100/-. It was recited in the rent note that the interest of the mortgage amount comes to about Rs. 120/- p.m. and the rate of rent is Rs. 100/- p.m. but during the mortgage period neither the respondent will pay rent of the premises to the petitioner nor the latter will pay the interest for the mortgage money. In the Written Statement, the plea taken by the tenant was that the petitioner had no locus standi to file the ejectment petition and the requirement of the landlord was not bonafide. The Rent Controller came to the conclusion that because the rent and interest were treated equal and since the demised premises had not been got redeemed, the respondent was not liable to be evicted on the ground of personal necessity. consequently, the ejectment application was dismissed. It may be stated that on merits it was found that the requirement of the landlord was bonafide. In appeal, the learned Appellate Authority affirmed the said finding of the Rent Controller with the following observations :-

(3.) Learned counsel for the petitioner contended that the approach of the Appellate Authority is wholly wrong and misconceived and the respondent never pleaded that there was no relationship of landlord and tenant between the parties. Thus, argued the learned counsel, absolutely a new case has been made out by the Appellate Authority in favour of the respondent. It was further contended that in any case the petitioner may be allowed to deposit the sum of Rs. 6,000;/-, i.e. the mortgage money and on the deposit of the said amount the eviction order be passed.