SARLA DEVI Vs. MANMOHAN SINGH

JUDGEMENT

(1.) THIS revision petition has been filed by Smt. Sarla Devi, the landlady against the orders passed by both the Courts below, vide which her ejectment application has been dismissed.

(2.) THE brief facts of the case are that the petitioner-landlady filed the ejectment application for ejectment of the respondent-tenant from the ground floor of House No. 1110, Sector 29-B, Chandigarh, which consists of two small rooms of the size 9' x 9' and one kitchen, which is on rent with the respondent, at the rate of Rs. 400/- per month, on two grounds; firstly that the demised premises is required by her and her husband for personal bona fide use and occupation and secondly on the ground of non-payment of rent for the period 1.5.1993 to 31.8.1993. In the ejectment application, the petitioner alleged that her husband was serving in the Haryana State Electricity Board and after his retirement in the year 1988 he had taken employment at Karnal and started living there with her. The petitioner and her husband were not maintaining good health. Therefore, they decided to leave the private service and to come back to Chandigarh to settle down there. They are intending to lead their entire life in Chandigarh as they also require the medical treatment at P.G.I. Except the house in question, they are not owning any other house in the urban area of Chandigarh nor they have vacated any house.

(3.) BOTH the Courts below have dismissed the ejectment application of the petitioner, after holding that the requirement of the petitioner-landlady is not bona fide and the tenant made the valid tender of the arrears of rent on the first date of hearing. Against those orders, the present revision petition has been filed by the landlady.