SHRIMATI MOHINDER KAUR Vs. DESA SINGH

JUDGEMENT

(1.) THIS revision has arisen out of an application filed by the landlady for getting the tenant ejected from a plot of land over which a Kotha seems to have been constructed by the tenant and he is keeping his horse there and has also fixed a Toka. It is a common case between the parties that in view of this the premises would fall within the purview of 'rented land'. The ground for ejectment was the personal necessity.

(2.) THE respondent -tenant came into the witness -box and there is no clear averment that the son of the applicant would not like to start the business here. In fact the last line of cross examination is "Daya Singh is the son of the applicant and he used to do work of a carpenter."

(3.) AS stated above, in the application for ejectment it has been clearly stated that the applicant along with her son wants to start the business of timber The word 'own use' in clause (ii) of section 13(3), mentioned above does not exclude the use of the premises jointly with the landlord's son or even jointly with another person in partnership. In either case the use of the premises would be the use by the landlord, though he may carry on tie business with his children or with somebody else.