AMRIT PAL Vs. GOVINDER SINGH VIRK

JUDGEMENT

(1.) THE petitioner has filed the present revision petition directed against the order of the learned Rent Controller, Chandigarh, dated 28.2.1996 and of the learned Appellate Authority, dated 4.6.1998. The learned Rent Controller had dismissed the eviction petition filed by the petitioner and the appeal also failed.

(2.) THE relevant facts giving rise to the present revision petition are that the respondent is a tenant with respect to the suit property i.e. first floor of the house in question. The petitioner filed eviction application on the ground that the respondent did not pay the arrears of rent at the rate of Rs. 1200/- per month and further that the petitioner requires the property for herself and members of her family. It has been pleaded that the house was owned by the father of the petitioner. After his death, the same has been inherited by the widow of the deceased, the petitioner and her sister Gagandeep Kaur. When the petitioner was married, she started living with her husband in a house in Sector 11, Chandigarh. The said house was provided to her husband by the State Bank of India being an employee of the Bank. Subsequently, the petitioner and her husband shifted to the ground floor of the demised premises. At that time, the ground floor of the demised house was lying unoccupied. At that time, the mother of the petitioner and her father were employed in Himachal Pradesh. The mother of the petitioner retired in 1992 and started living on the ground floor of the demised premises. Ever since the shifting of the mother of the petitioner, the petitioner, her husband and two children started living on the ground floor.

(3.) THE findings regarding the ground of eviction for non-payment of rent were against the petitioner and were not challenged in this Court.