RATTAN LAL Vs. MST. LAXMI DEVI

JUDGEMENT

(1.) THIS revision petition arises out of ejectment proceedings.

(2.) A house situate in Guli Dharamshala Mangali wali inside Nagori Gate, Hissar, was owned by one Niranjan Dass Jain who let out a room therein to Rattan Lal at a monthly rent of Rs. 8/8/ -.A rent note Exhibit A. 3, was executed between the parties on 18th August, 1950. The tenancy was originally from August 1, 1960 to June 30, 1961. In the very beginning of the rent note, the room was stated to be built like a godown and in the body of the rent note, Rattan Lal gave an undertaking to the effect that he would keep the godown for his own use and not sublet the same to any other person. The use of the word 'godown' in this context is again very significant.

(3.) THE Rem Controller on a consideration of the documentary and oral evidence come to the conclusion that the room let out to the petitioner was a godown and being a non -residential building could hot be got vacated on the ground of personal necessity. It was, of course, held by him that the respondent did require the house for her own use. The application was accordingly dismissed.