KAILA DEVI Vs. BANARSI DAS

JUDGEMENT

(1.) This is appellant landlady's application under order 6 rule 17 and order 23 rule 1 (3) of Code of Civil Procedure filled 11 years after the filling of eviction petition.

(2.) The eviction petition was filled in January, 1968 on the ground that the landlady bonafide required the premises for residence. The learned Rent Controller found that the premises had been let out for residential-cum-commercial purposes and dismissed the petition by order dated 29 9.1971. Anappeal against the said order was dismissed by the learned Rent Control Tribunal on 24.9.1973 after affirming the aforesaid finding. A second appeal was filled in the Court in December, 1973. The present application was filled in January, 1979.

(3.) In order to understand the prayers mad.; by the applicant in proper perspective, it may be useful to recall the controversy between the parties in the present litigation.