V.R. TRIPATHI Vs. RAMPYARI

JUDGEMENT

(1.) THIS is a revision against an order passed by the Rent Controlling Authority, Bilaspur dated 11.2.1992 in Case No. 60 -A/90 (7) 83 -84passing an order of ejectment on the ground that Smt. Rampyari Bai, the, landlady, being a widow, old and having no issues requires the premises bona fide for her own use.

(2.) THE said order is challenged in this revision on the ground that the non -applicant had another suitable accommodation in Bilaspur town and the finding of bona fide need recorded by the Rent Controlling Authority is against the weight of evidence more particularly the evidence of the landlady herself. Shri Pathak, learned counsel for the applicant, particularly made reference to the statement made in para 8 of the application that the landlady had claimed the said accommodation for her own use and in evidence she has stated that the suit accommodation will be used by her through some of the relations who will undertake some business and provide for her during old age.

(3.) THE applicant -tenant did not enter witness box nor tendered any evidence as the defence was struck down for non -payment of the rent. During the revisional proceedings, it is stated that the applicant has made payment of the whole rent.