VINOD KUMAR ARORA Vs. SURJIT KAUR

JUDGEMENT

(1.) This appeal by special leave against a judgment of the High Court of Punjab and Haryana pertains to a contest between a widowed landlady seeking recovery of possession of a leased premises for the residential needs of herself and her sons and daughter on the one hand and as young medical practitioner on the other wanting to continue his medical practice in the premises without being evicted therefrom. The Rent Controller and the Appellate Authority declined to pass an order of eviction in favour of the respondent but the High Court has reversed their judgments and directed eviction and hence the present appeal by special leave by the tenant.

(2.) One lqbal Singh, the deceased husband of the respondent was the owner of house No. 16, Sector 18-A, Chandigarh. He leased out the entire portion of the house except a big hall to one Kuldeep Singh on May 27, 1977. Iqbal Singh died in the year 1980 and on 1-4-1981, his widow viz. the respondent leased out the hall to the appellant on a monthly rent of Rs. 650/-. The lease was for a period of 11 months. The terms of the lease were reduced, to writing but the deed was not registered.

(3.) The respondent filed two applications more or less concurrently (one on 2-2-82 and the other on 3-2-82) against the tenants of both the portions of the house viz. Kuldeep Singh and the appellant. The eviction of both the tenants was sought for on the same grounds viz., they had changed the user of the premises to non-residential purposes and secondly the respondent bona fide required the premises for her own occupation. In addition, in so far as the appellant is concerned, his eviction was also sought for on the ground of default in payment of rent from 1-5-81 onwards. It may be mentioned here that the respondent has three grown up sons and a grown up daughter. During the pendency of the proceedings the size of the family increased to seven members due to the eldest son getting married and begetting a child. The respondent's husband has been allotted a Government quarters and after his death the allotment was changed to the name of the eldest son viz. Gurcharanjit Singh who has been examined as A.W. 2 in the case.