SHRI VISHWANATH KAPUR Vs. SMT. SHANTI DEVI KHANNA
LAWS(P&H)-1980-1-62
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 09,1980

Appellant
VERSUS
Respondents

JUDGEMENT

J.V. Gupta, J. - (1.) This petition has been filed by the tenant- petitioner against the order of the Appellate Authority, dated 11th April, 1979, whereby he maintained the order of ejectment passed by the rent Controller, against the petitioner.
(2.) The landlady-respondent filed an application under Sec. 13 of the Fast Punjab Urban Rent Restriction Act for eviction of the tenant-petitioner from the house in dispute. The claim of the landlady is that she is the owner of the suit property and the tenant is occupying two rooms one store as a statutory tenant under the landlord on a monthly rent of Rs. 175. It was further stated in the ejectment application that the landlady is not occupying any other house in the city of Ludhiana, nor she has vacated any such house in the said area after the commencement of this Act. These allegations were controverted by the tenant. Petitioner and on the pleadings of the parties, the following issues were framed : 1. Whether the petitioner bona fide requires the premises in dispute for his own use and occupation ? 2. Relief. The learned beat Controller, as well as the Appellate Authority have concurrently found that the respondent bona fide requires the premises for her own use and occupation.
(3.) The learned counsel for the petitioner has argued that there is no independent evidence to prove the bona fide, requirement of the respondent landlady. According to him, even the grandson about whom it has been said that he will be residing with the respondent, has not come into the witness-box to support the claim of the landlord. However, do not find any force in either of the contentions. It has been concurrently found by both the Courts that the requirement of the landlady appears to the bona fide and he does need the premises for her own use and occupation. No legal infirmity has been pointed out as to interfere in this concurrent finding of the two Courts below in the exercise of revisional jurisdiction. The landlady-respondent has a widowed daughter and she wants to keep her in the premises in dispute along with her so as to be of some help to, one another. Consequently, this petition fails and is dismissed with costs. Revision dismissed.;


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