L R RANGAIER SONS P LTD Vs. RUKHIYABI

JUDGEMENT

(1.) The respondent landlord in this revision petition sought eviction of the tenant revision petitioner on twin grounds, arrears of rent and bona fide requirement for starting a business for her husband. Both claims were contested by the tenant.

(2.) As quite often happens, the details of the business proposed to be conducted in the building the eviction of which was sought, had not been indicated in the petition. The defect, a serious one, as would be discussed in greater detail later, was, however, sought to be rectified at the evidence stage. The petitioner did not enter the witness box but her husband did, and was examined as PW 1. He attempted to elucidate the averment in the petition by stating that the business which he proposed to conduct was that of a dealer in rubber. The source for the capital was found by him in the twenty five sovereigns which his wife owned and which, according to him, were sufficient as resource mobilisation for the business.

(3.) The claim for eviction on grounds of arrears of rent was negatived by the Rent Controller noting that the entire arrears had been paid. This claim does not survive for decision in this revision.