LACHHMI DEVI Vs. RUKMANI DEVI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution has been filed against the order dated 27th October, 1975 granting permission under Section 19(1) of the Slum Areas (Improvement and Clearance Act) 1956 (hereinafter called "Act" for short).

(2.) In this petition two short questions arise which are as under:-

(3.) Before proceeding further it would be desirable to appreciate factual matrix. The landlady Rukmani Devi has sought permission to institute eviction proceedings against widows of Bansi Lal tenant the petitioner Lachchmi Devi and Gomati Devi from the premises House No. 2166, Gali Sudama Wali, Bazar Sita Ram comprising of one room portion of the top floor having covered area of 875 Sq. ft. The petition has been filed inter alia on the grounds that neither of the two widows paid rent. They arc misusing the premises by representing themselves to be the owner/landlady and keeping some unauthorised construction in the properly and caused substantial damage to the premises. They arc ladies of means and status and they could easily acquire alternative accommodation. It is further claimed that the eviction of the two widows would be in the interest of Slum clearance for they would not create a slum in the premises in dispute.