YOGESH SONI Vs. AGYA WANTI

JUDGEMENT

(1.) I have heard the learned counsel for the parties and with their assistance have gone through the records of this case. This court is of the opinion that a case of sub-tenancy is not made out but definitely a case of personal necessity is made out in favour of the landlady Smt. Agya Wanti. Concurrent finding of fact with regard to bonafide necessity based on proper appreciation of evidence cannot be disturbed in revision though an effort was made by the learned counsel for the petitioners that the landlady is occupying the ground floor; she is quite comfortable there and her need is not bonafide. I am not convinced with the argument raised by the learned counsel for the petitioners because Smt. Agya Wanti has two sons, grandsons and one daughter, who has also her children. The need of the landlady is not supposed to be seen for her individual comforts but for the comforts of her family members who are supposed to visit her frequently, especially in her old age. In these circumstances, it has been rightly held by the Rent Controller and the Appellate Authority that the need of the landlady is bonafide.

(2.) RESULTANTLY , I affirm the finding of the Appellate Authority so far as the bonafide necessity is concerned.