GOKAL CHAND MITAL, J. - (1.) ON 12th October, 1977 the landlady filed an application for eviction under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, to seek the eviction of the tenant on the ground of personal necessity. The exact averment in the petition was as follows : "That the petitioner requires the house for her own use and occupation and that of her family members. The petitioner has got two sons and one daughter besides her husband. One of the sons of the petitioner is studying in B.A. in local college and the other son of the petitioner is going to be married on 7.12.1977 and he at present is serving in Hindustan Commercial Bank Ltd. at Jullundur and he is very likely to be transferred to Chandigarh as his representation for transfer to Chandigarh is long pending with the Bank. The said son would be a daily passenger from Ambala Cantt to Chandigarh. The daughter of the petitioner has just graduated. The husband of the petitioner is serving in the Northern Railway at Ambala Cantt and his colleagues often visit him at his house. The present accommodation which is on the upper floor of the house in question consists of three rooms out of which one room is being used as kitchen. There is a barsati on the second floor. The present accommodation with the petitioner is highly insufficient. The petitioner is not occupying any other house in the urban area of Ambala Cantt or the area administered by the Notified Area Committee, Ambala Sadar in her own right she has vacated any house in the said urban area without sufficient cause after the commencement of the 1949 Act."
(2.) THE landlady alongwith her husband, two unmarried sons and one unmarried daughter was living on the first floor consisting of three rooms out of which one room was being used as a kitchen because there was no separate kitchen. The ground floor consisting of 4 rooms was in occupation of three different tenants. After the filing of the ejectment petition, one of the tenants vacated two rooms without litigation and another tenant vacated one from after the order of ejectment was passed on the ground of personal necessity of the landlady. The second tenant who was in occupation of the fourth room, with whom we are concerned in this case, contested the ejectment petition and his reply to the aforesaid averments was as follows : ii) Sub-para (ii) of para No. 3 of the application is wrong and denied. The petitioner has got sufficient accommodation at her disposal and moreover the petitioner has already got ejectment order passed against Ram Parshad on the ground of personal necessity in which there are 3 big rooms and, therefore, this application has become infructuous. It is incorrect that the petitioner has not vacated any house in the urban area after the commencement of the 1949 Act." By the time, written statement was filed, three rooms on the ground floor had been vacated. When evidence was being led, the elder son of the landlady had got married and by then he had also started living in the house in dispute alongwith his wife and a son was born to that son. This is clear from the reading of the uncontroverted statements of A.W.2 and A.W.3, the son and the husband of the landlady. From their evidence it was also clear that the landlady had another daughter who had been married before the ejectment was filed. The Rent Controller as also the Appellate Authority concluded that for the family of the landlady and her married son, three rooms on the first floor and three rooms on the ground floor were sufficient and consequently, dismissed the ejectment petition. The landlady has come to this Court in this revision.
(3.) AFTER hearing the learned counsel for the parties and on perusal of the entire record, I am of the considered view that the landlady has made out her need to occupy the entire accommodation on the ground floor including the room in possession of the tenant. Plan Exhibit AW-3/2 on the record shows that the there are 3 rooms on the first floor with the dimensions 10-1/2'x11-3/4', 10-1/2'x11-1/4' and 13-1/2'x9-1/4'. There is no separate kitchen or bath room, on the first floor. However, there is a small varandah and some open space. In the ground floor, besides 3 rooms of the aforesaid dimensions there is one more room underneath the varandah and the open space on the first floor. The size of this room is 13-1/2'x10-1/2'. The tenant occupies the room measuring 13-1/2'x9-1/2'. Even on the ground floor there is no separate kitchen or bath room either for the tenant or with the landlady who occupies the remaining rooms.;