KANCHAN BAI Vs. RAMMABAI

JUDGEMENT

(1.) ON perusing the evidence on record I find that the applicant has stated that there are four tenants in the house who are Laxman Rao, Kanchan Bai, Chhogalal and Shyamlal. She also admits to have two rooms in the ground floor and two rooms on the first floor. According to her the number of her family members is seven. She herself, her son Devilal, wife of Devilal, one grand son, wife of the grand son and two daughters. According to her she faces great difficulty in accommodating the members of the family in the four rooms. The latrine and bathroom are situated on the ground floor and she has to reside on the first floor, therefore, she feels great difficulty in going up and coming down. She admits that Ramchandra had vacated the house and after that she has filed this suit. A suggestion was made that Shyamlal is her tenant but she denies this fact and she states that he is the son of her daughter who resides on the ground floor. She had denied the suggestion that she wants to get the house vacated and give it on enhanced rent.

(2.) P .W.1 Devilal, who is the son of the applicant, has supported, the statement of Rambha Bai. According to him Rambha Bai resides with him on the first floor and after the vacation of the house the family wants to reside in the vacated premises. He denies the suggestion that he will let it out on rent. He also states about the bona -fide requirement of his mother because of the paucity of the accommodation in the house.

(3.) THE learned lower Court after considering the respective evidence of the parties came to the conclusion that four rooms are insufficient for a family of seven members, out of which four persons comprise of two married couples.