Kaushalya Devi and Others vs Karam Chand Munjal

S.S. Sodhi, J.—The matter here concerns the ejectment of the tenant on the ground that the premises are required by the landlord for the clinic and residence of his elder son who intends to set up medical Practice there. The challenge in revision now being founded upon the plea that this ground for ejectment no longer survives as the said son of the landlord had since taken up employment as Doctor at a government hospital in Hisar.

The elder son of the landlord Arun Kumar Munjal, is indeed working at the General Hospital, Hisar, since January 5, 1988, but, as explained by the landlord in his affidavit filed in this Court, this was merely an ad hoc appointment for six months terminable at 24 hours notice on a candidate selected by the Haryana Public Service Commission, reporting to duty.

Such being the nature of the appointment held by the said son of the landlord, it can by no means be taken to spell out an intention contrary to that put-forth by the landlord in seeking the ejectment of his tenant, namely; that he requires the premises to enable his son to set up his medical practice there.

On a practical plane too, it will be seen that the application for eviction was filed as far back as 1984 and the landlord has yet to obtain possession of the premises and over four years have since gone by. Such delays, in such cases, are unfortunately so common now. This being so, it will indeed be imputing absurdity to law if it is construed to imply that by the son taking up employment during the pendency of these proceedings, the relief sought by the landlord was put in jeopardy thereby. Surely, the son was not expected to sit idle with infinite patience, for several years till he got possession of the premises.

There is thus no merit in this revision petition which is accordingly hereby dismissed.