LAWS(P&H)-2010-1-40

KANTA RANI Vs. ASHOK KUMAR

Decided On January 18, 2010
KANTA RANI Appellant
V/S
ASHOK KUMAR Respondents

JUDGEMENT

(1.) The petitioner-land lady field an ejectment petition against the respondent-tenant to obtain ejectment of the latter from the tenanted premises on a plea that she requires it for her own use and occupation and her married daughter who has a handicapped husband to support. Yet another plea raised by the petitioner-land lady in the relevant behalf was the non payment of rent by the respondent-tenant.

(2.) Learned Rent Controller upheld the plea of personal bonafide necessity raised by the petitioner-land lady. However, the finding was reversed in appeal by the learned Appellate Authority which held that the petitioner-land lady has not been able to prove that she requires the rented premises for her personal bonafide necessity. The petitioner-land lady is in revision against it.

(3.) The other points in controversy do not appear to have been raised before the learned Appellate Authority which confined its adjudication to the bonafide necessity of the petitioner.