SHANTI DEVI Vs. MAYA DEVI AND OTHERS

JUDGEMENT

(1.) The landlady has filed this revision petition against the order of the Appellate Authority, Amritsar, dated 5th March, 1980, whereby the order of the Rent Controller dismissing her application was maintained.

(2.) An ejectment application was filed by Smt. Shanti Devi, petitioner, against Ganda Ram (now deceased) represented by his legal representatives, Maya Devi and others, stating therein that the respondent obtained on rent the ground floor of the house bearing Khana Shumari No. 663/9 in the year 1968, vide rent note dated 14th January, 1968, on the monthly rent of Rs. 32/ -. The eviction of the respondent was sought on the ground inter alia of bona fide requirement of the landlady for her ova use and occupation as she was not in possession of any other property in the urban area of Amritsar nor she vacated any such property after the enforcement of the Act III of 1949 and at present she is residing with one of her sons at Faridabad and she wants to shift to her own property and to pass last days of her life in comfort in her own house. It was also stated that there are two unmarried handicapped daughters, who are also living with her at Faridabad in the house of her son, Ashok Malhotra. The application was contested by the respondent. It was pleaded that she has settled at Faridabad and did not want to shift to Amritsar and that she had also given another portion on first floor to another tenant at a monthly rent of Rs. 4/ - after letting out the property in dispute to the respondent. It was further pleaded that in case she needed accommodation for her own occupation, she could have got possession from other tenant. On the pleadings of the parties, the Rent Controller framed the following issues : - -

(3.) The learned Rent Controller dismissed the application as he came to the conclusion that the landlady has failed to prove her bona fide requirements for her own use and occupation. In appeal, the finding of the Rent Controller has been maintained. Feeling aggrieved against this, landlady has come up in revision to this Court.