J.V.GUPTA.J - (1.) THIS is landlord's revision petition whose ejectment application has been dismissed by both the authorities below.
(2.) THE landlord sought the ejectment of his tenant primarily on the ground that he required the premises for his bonafide use and occupation. The plea taken by the tenant was that the premises in dispute, were rented out for running a school and, therefore, no eviction order could be passed against him on that ground. The authorities below dismissed the eviction application on the ground that since the premises were given on rent for running a school, the ground of personal necessity was not available to him. The learned counsel for the petitioner submitted that even if the building was given for running a school, it being a residential building, the landlord was entitled to seek ejectment of the tenant on the ground of his bonafide requirement. This proposition is no more disputed but there is no finding on the record that the building is a residential one. Under the circumstances, the landlord will be at liberty to file a fresh eviction application against the tenant on the ground of his bonafide requirement where he can prove that the premises are a residential building.
(3.) WITH these observations, this revision petition is dismissed with no order as to costs.;