KAPOORCHAND Vs. SHANTHABAI SINDIA

JUDGEMENT

(1.) the eviction petition filed by the respondent-landlord under Section 21(l)(h) of the krc Act, 1961 has been allowed by the trial court. The premises in question is the ground floor of No. 67, surveyor street, basavanagudi, bangalore. The respondent who is an elderly lady resides in the first floor of the said building. The petitioner-tenant is in occupation of the ground floor on a monthly rent of Rs. 1,000/-.

(2.) it is the case of the respondent that she is in indif ferenthealth and she desired that her younger sister who is a widow to reside in the ground floor of the building so that she could be of assistance to her. It is in evidence that the younger sister has got two daughters and two sons, out of which one daughter is married and living with her husband separately. The unmarried daughter and two sons, who are in their twenties, are residing with their mother.

(3.) the accommodation available to the land lady in the first floor is no doubt much more than what is required ordinarily for one person to reside. However, the landlady has deposed that throughout her life she has been accustomed to living alone and values privacy. In the circumstances she has stated in view of the fact that her sister has got 3 children residing with her, it is desirable from the point of view of her health and way of living that she should have a separate household. She has reiterated that the ground floor is required to accommodate her younger sister where she could have a separate dwelling unit and that such an arrangement would enable her sister to be of assistance to her which she very much requires.