PARKASH WATI Vs. KARNAIL SINGH

JUDGEMENT

(1.) THIS is landlady's petition in whose favour eviction order was passed by the Rent Controller but was set aside in appeal.

(2.) THE rent note dated 1.9.1980 was executed between Karnail Singh, tenant, on one hand and Daljit Singh, husband of the landlady on the other hand. By virtue of this rent note, Daljit Singh claiming to be the landlord of the demised premises, rented out the same on a monthly rent of Rs. (sic)00. In 1983, Parkash Wati representing herself to be owner of the demised premises, filed ejectment application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, for the eviction of Karnail Singh, tenant, inter alia on the ground that the premises is required by her for bonafide personal use inasmuch as her husband Daljit Singh who was in active service of Armed Forces in the rank of Master Warrant Officer in the Air Force, would retire with effect from 30.9.1983 and that the landlady was not occupying any other residential house in the urban area concerned nor has vacated any such building without sufficient cause. In the written statement filed on behalf of the tenant it was pleaded that the petition as such was not maintainable. The relationship of landlord and tenant between the parties was denied. The other allegations were also controverted.

(3.) IN appeal, the Appellate Authority affirmed the said findings of the Rent Controller but as regard the maintainability of the petition, it was held that since the premises was rented out by the husband of the landlady, her application as such was not maintainable. Consequently, the eviction order was set aside.