LAWS(P&H)-1980-10-55

SHUGAR CHAND Vs. AMAR SINGH

Decided On October 03, 1980
MADAN LAL Appellant
V/S
GURBACHAN KAUR Respondents

JUDGEMENT

(1.) The petitioner has been ordered to be evicted from the house in dispute by the Rent Controller, Amritsar, and the appeal filed by him was dismissed by the learned Appellate Authority.

(2.) In this petition, it has been argued that the respondent was earlier occupying a house belonging to the S.G.P.C. Amritsar and thereafter she started living with her husband in the house of the brother of the latter. The argument raised is that the house belonging to the S.G. P.C. was vacated by the respondent without any notice to that effect having been served upon her and for that reason it should be held that she was not entitled to seek the ejectment of the petitioner.

(3.) It is a matter of common knowledge that no tenant. would willingly vacate a residential house unless he or she is subjected to some sort of compulsion to do so. If there was an indication from an influential body like the S.G.P.C. that the respondent should vacate the house owned by it, I doubt whether she could stand up against such a demand. The fact that the respondent was living in the house of her husband's brother does not take the case of the petitioner any further. At best, it can be held that the respondent was living in the house of a relation at his sufferance. She could not be forced to live like that especially when she had a house of her own.