MEHMOODA GULSHAN Vs. JAVAID HUSSAIN MUNGLOO

JUDGEMENT

(1.) Whether the requirement of the landlord for own occupation could also mean occupation by a member of the family, in this case, the son, is the short question arising for consideration.

(2.) Appellant filed Civil Suit No. 42 of 2000 seeking eviction of the respondent from the premises let out to him on 15.11.1997 for a period of eleven months. The said tenancy was verbally extended for a further period of eleven months though it was the contention of the respondent that the said extension was for eleven years. Since, the premises was not vacated after the extended period of eleven months, the suit was filed for eviction.

(3.) Besides the ground on expiry of the period, it was the case of the appellant that the premises was required for her own use. To quote from paragraph-5 of the plaint: