SHEELA DEVI Vs. HAZURA SINGH

JUDGEMENT

(1.) THE petitioners, who are tenants, have filed the instant petition against the order of ejectment passed by both the Courts below on the ground of personal bona fide necessity.

(2.) THE brief facts of the case are that the premises in question, which is ground floor of House No. 3223, Sector 23-D, Chandigarh, consisting of two rooms, kitchen and bath room, was let out to the husband and father of petitioners No. 1 and 2, respectively, at the rate of Rs. 225/- per month. The respondent-landlord is admittedly residing in the Flat portion of SCF No. 10, Sector 20-D, Chandigarh, where he is running his business of Dry Cleaners. He is tenant in the aforesaid entire SCF. In the ground floor of the said SCF, he is doing his business and in the upper portion, which consists of a big hall, two rooms, store, bath room and kitchen on the first floor and two Barsati rooms on the top floor, he is residing. On 15.2.1988, he filed the ejectment application against the petitioners on the ground of personal necessity, impairment in the value and utility of the premises and for non-payment of rent. The demanded rent was paid on the first date of hearing, and the ground of impairment in value and utility of the premises was not pressed. Therefore, issue of personal necessity was survived and the ejectment of the petitioners was ordered on that ground. In the ejectment application, the respondent- landlord claimed that the accommodation in his possession as tenant in SCF No. 10, Sector 20-D, Chandigarh was not sufficient as his family consists of his wife, one son and two daughters. His children were of grown up and of marriageable age. Therefore, he claimed that the demised premises was required for his personal use and occupation.

(3.) BOTH the Courts below have ordered the ejectment of the petitioners on the ground of personal necessity.