Ravi S. Dhavan, J. - (1.) Smt. Raj Kaur is an old and infirm widow of 70 years who resides in an accommodation in Dehradun as a tenant at premises No. 169/257, Old Dalan Wala District Dehradune. He has three sons. They resided with her, but they as same of age and settled themselves and were occupied with their vocations, one went to Madhya Pradesh, the other at Ahmadabad. Gujarat and third at Delhi. This respondent widow is ill with a heart ailment and from time to time she took treatment at the clinic of Oil and Natural Gas Commission at Dehradun and also at the Alt India Institute of Medical Sciences, New Delhi This is not in issue and, in fact, it is the case of the petitioner that she is sick and does not reside in Dehradun.
(2.) There came a period when she left Dehradun to visit her sons and also to seek further checks on the ailment from which she was suffering and inevitably there was absence from Dehradun. She had looked her house and left to keep her visits with the three sons who had settled at three different places.
(3.) Upon this, in March 1986 entered on the scene the petitioner. She wrote to the Rent Control and Eviction Officer that in the premises where the old widow resides, is a vacancy, that the premises are looked without say cause are not utilised and are without any effects. It was contended in this letter of the petitioner of 21st March, 1986 that the widow has shifted herself out of Dehradun. So accurate was the description on the allegation of the vacancy that at one stage the petitioner also described the accommodation for which she was saying and had an eye on it. She intimated the Rent Control and Eviction Officer that on the floor was rubbish, on which plants and vegetations was sprouting. She did not write once to the Rent Control and Eviction Officer but repeatedly. Her second letter of 23rd April, 1986. On the second occasion she started producing evidence on record upon her allegation that there was indeed no one occupying the premises.;