CHANDRAWATI Vs. DISTRICT JUDGE PAURI GARHWAL

JUDGEMENT

(1.) THIS is a case from the hills of Pauri Garhwal from a small town known as Kotdwara. The issue was simple but began in 1971. Sixteen years have passed and it is yet to be resolved. The petitioner, a lady, is a widow. Her husband died during the period when the proceedings before the Rent Control and Eviction Officer were initiated. By an application under Section 3 under the Temporary Control of Rent and Eviction Act, 1947 (U. P. Act No. Ill of 1947) she sought dispossession of her tenants as she required the premises and the accommodation after demolition for reconstruction. The reconstruction of the accommodation was inextricably linked with her personal need. Dilapidation of the accommodation was consequential. She applied before the Rent Control and Eviction Officer in an application under U. P. Act No. Ill of 1947, aforesaid, that she would be in a position to augment her income with better rents and thus a better return from her property, if she were to reconstruct the dilapidated accommodation. The application of the widow before the Rent Control and Eviction Officer was dated 26 June, 1971.

(2.) THE Rent Control and Eviction Officer made a personal inspection of the premises and the accommodation. Upon being satisfied that the accommodation was dilapidated and required reconstruction after demolition, which would otherwise be conducive to the petitioners' personal need for,- better return on the property, permission under the application was granted.

(3.) THE application of the widow of 26 June 1971, in effect, requiring accommodation for personal need and for reconstructing after demolition is still under consideration.