CHANDU LAL Vs. PURAN DEVI

JUDGEMENT

(1.) The petitioner is aggrieved by the order of learned ARC dated 21.11.2007 whereby learned ARC allowed the eviction petition filed by the landlady on the ground of bona fide requirement.

(2.) The landlady and tenant in this case are related to each other. Tenant is brother in law of the landlady. She filed an eviction petition in respect of a room in occupation of the tenant pleading that he was indicted in this room in 1989 at Rs. 100 per month. The petitioner herself has six children i.e. four daughters and two sons. One of the daughters and one of the sons are married. The married daughter of the petitioner used to visit the parental home regularly; whereas other children of the petitioner are also grown up and require separate rooms for their studies. The petitioner s married son also has four children who are school going. The present accommodation in occupation of the petitioner consisting of two rooms is highly insufficient to accommodate entire family.

(3.) The respondent/tenant in his WS denied the relationship of landlord-tenant with the landlady and pleaded that the premises was in his possession adversely to the predecessor of the landlady for last three decades. He had not paid any rent to the landlady and he has been residing in the said premises in his own right. Regarding bona fide need, he pleaded that the landlady had sufficient accommodation to live with her family. She was in possession of two rooms on ground floor and two rooms on first floor. She had let out one room at the first floor to one Sh. Raj Kumar and did not require any further accommodation.