RAJINDER PAL KAUR Vs. DALJIT SINGH

JUDGEMENT

(1.) The Landlady petitioner has filed this revision petition against the order of the Appellate Authority, Jullundur, dated August 28, 1979, whereby her appeal was dismissed in limine.

(2.) The landlady sought the ejectment of the tenant-respondent; from the premises, in dispute, on the ground that she needed the premises for her own use and occupation. The Rent Controller dismissed the application on merits. On appeal, the Appellate Authority dismissed her appeal in limine on the ground that since the landlady herself did not appear in the witness box, it could not be said that her personal requirement was proved. Feeling aggrieved against the tame, she was come up in revision to this Court.

(3.) The learned counsel for the petitioner, contended that the husband of the petitioner did appear in the witness box in support of her case. According to the ]earned counsel, the landlady could not appear herself as she was at Bombay on account of her illness. In any case the learned counsel contended, the appeal could not be dismissed in limine without going into the evidence on the record. In support of his contention, the learned counsel relied upon Ram Kishan Dass v. Dwarka Parshad Bhousarla,1980 82 PunLR 74.