VINOD KUMARI Vs. RAMESH KUMAR

JUDGEMENT

(1.) This is landlady's revision petition against the order dated 19.11.2008 passed by the learned Rent Controller, Ambala Cantt. as affirmed by the learned Appellate Authority vide which the petition filed by the petitioner/landlady for eviction of the respondent/tenant from the demised premises was dismissed.

(2.) The petitioner/landlady filed a petition under section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act), on the pleadings that the respondent was tenant under the petitioner in the tenanted premises at a monthly rent of Rs. 600/- (Rupees six hundred only) which was payable in advance. The case of the landlady was, that the tenant had not paid rent since 1.2.2002 to 31.7.2002 amounting to Rs. 3600/- (Rupees three thousand and six hundred only) in spite of repeated requests and demands. Eviction was, therefore, sought on the ground of non-payment of rent as also that the landlady required the tenanted premises for her own use and occupation and for use and occupation of her husband.

(3.) The case of the petitioner was, that the only son of the petitioner had died about 2 years back by committing suicide and since then the petitioner had closed the room on the first floor. On account of death of her only son due to sentimental feelings she was totally disturbed and did not want to reside in house No. 834, Housing Board Colony, Ambala Cantt. She required the premises in question for her own use and occupation.