KHUBI RAM Vs. LALIT MOHAN

JUDGEMENT

(1.) The appellant, who is the tenant, is before this Court aggrieved by the order passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No.46048/2000 whereby the order delivered by the first appellate authority in the eviction matter has been confirmed.

(2.) The dispute only pertains to the arrears of rent. The Rent Controller has taken a view that the non-deposit of a portion of the arrears claimed is on account of mistake of fact. However, that contention has not been accepted by the High Court. We are informed that the appellant and his wife are both handicapped and that they have a small tailoring shop and that they have unmarried daughters.

(3.) The respondent is a Doctor who has retired from Government service and the wife of the respondent is also a Doctor who is retiring shortly. The respondent, who is present before this Court today submits that their children are married and settled in life, however, they require the premises for setting up a clinic. It is submitted that one tenant has already vacated the premises and settlement talks are going on with another tenant for vacating the premises.