SMT. SHAMA DEVI Vs. SH. W.N. KHANNA

JUDGEMENT

(1.) The landlady-petitioner has filed this revision petition against the order of the Appellate Authority, Chandigarh, dated 4th May, 1977, whereby the order of the Rent Controller directing the ejectment of the tenant has been set aside.

(2.) The landlady sought the ejectment of the tenant from the house in dispute situated in Sector 18-C, Chandigarh, on the ground that she required the premises for her own use and occupation. In the application it was pleaded that the husband of the landlady Dr. Surdarshan Lal was employed as Chief Medical Officer, Bhiwani, and he was to retire on 30th April, 1975, and after his retirement the landlady had decided to shift to Chandigarh so as to settle in the house in dispute. The application for ejectment was filed on 18th February, 1975. In the written statement, it was pleaded that there is no bonafide requirement of the landlady and her husband has not yet given the requisite notice for his retirement and that such a plea of seeking premature retirement is just a farce to seek ejectment of the respondent.

(3.) On the pleadings of the parties, the following issues were framed :-