J.V.GUPTA, J. - (1.) THIS is landlord's petition in whose favour eviction order was passed by Rent Controller but it has been set aside in appeal.
(2.) THE premises in dispute, which is a residential building, was let out to Punjab Wakf Board for its office. The ejectment was sought on the ground that the landlord bonafide required the premises of her own use and occupation. The Rent Controller found that the requirement of the landlord was bonafide, and, consequently, an order of eviction was passed. In appeal, the learned Appellate Authority reversed the said finding of the Rent Controller on the ground that since the premises had been let out for a non-residential purpose it could not be got vacated on the ground of personal necessity, and, consequently, the eviction order was set aside. Aggrieved, the landlord has come up in revision. Earlier, vide this Court order dated 11th April, 1985, the case was adjourned in order to await the decision of the Full Bench in C.R. No. 1108/1983 being a case on the point. Now, the judgment has been rendered in that case, reported as Hari Mittal v. B.M. Sikka 1986(1) RCR 92, 1986 FLR1, whereby it has been ruled that if the building is a residential and, though let out for non-residential use, the landlord is entitled to seek ejectment of his tenant on the ground that the bona-fide requires it for his own use and occupation. Thus, in view of the dictum of the Full Bench, this petition has to be allowed because as regards the bona-fide requirement, this fact is no more disputed. Consequently, the portion succeeds, the order of the Appellate Authority is set aside and that of the Rent Controller directing the ejectment of the tenants is restored with costs. Hoverer, the tenants are allowed two months' time to vacate the premises provided all the arrears of rent and advance rent for two months is deposited or paid within one month, with a further undertaking in writing that on the expiry of the said period, the tenants shall hand over vacant possession of the demised premises. Order accordingly.;