M.M. Punchhi, J. - (1.) This is a tenant's revision petition against an order of eviction recorded by the Rent Controller, Ludhiana, and affirmed in appeal by the Appellate Authority Ludhiana.
(2.) The facts giving use to this petition are that on 2nd Jan., 1974, at a time when the tenant was occupying the ground floor of the premises in dispute and the first and second floors of the said building, both comprising of four rooms, were living vacant and were in the possession of the landlady, though mot actually in her occupation, the eviction petition was filed. The primary ground for eviction was the bona fide requirement of the premises in dispute for personal use and occupation by the landlady. Both the Courts below have found that there was an element of need for the landlady to occupy the premises and the requirement was bona fide. This finding has been challenged by the learned counsel for the petitioner.
(3.) It is contended on behalf of the tenant that when the conceded can of the landlady was that four rooms, on the upper storeys of the premises In dispute, were in possession of the landlady and lying unoccupied on untenanted, those alone should he taken to be enough to satisfy the occupational needs of the landlady. It was also pointed out that the Courts below had erroneously taken that accommodation to be on the first floor of the premises in dispute. In fact, it was emphasised that two rooms were situated on the first floor and the remaining two rooms were situated on the second floor of the house referred to above. A parallel was drawn alongside with the presently occupied tenanted house of the landlady, in which she was in occupation if one room, a kitchen a verandah and a deori, and which rented accommodation was considered by her insufficient to accommodate her and the members of her family comprising, besides herself, an adult son, her husband and her visiting two married daughters. It was further contended that the landlady was preferring to pray in the rented premises and had not deliberately moved ever to the unoccupied portion of the house owned by her reflecting that her requirement is not bona fide and she was used to a life of living in snider accommodation than the one she sought to acquire through the eviction-petition so as to get a much larger accommodation.;