LAKSHMI DEVI AND ORS Vs. MELA RAM

JUDGEMENT

(1.) Laxmi Devi, her son Krishan Kumar and her two daughters, Bimla Kohli and Tripta Dhir (Petitioners) are the owners of the house in dispute situate in the urban area of Mandi Ahmedgarh which is in occupation of Dr Mela Ram respondent as a tenant. The petitioners filed a petition for ejectment against the respondent on December 17, 1964, on the grounds (i) that the respondent has not remained in possession of the house for a period of more than four months, (ii) the house has become unfit for human habitation and (iii) the house is required for personal occupation of Laxmi Devi petitioner. The Rent controller negatived the first two grounds but upheld that third one and vide his order dated April 12, 1978 accepted the ejectment petition. Dr. Mela Ram respondent filed an appeal against the order of the Rent Controller which was accepted by the Appellant Authority Sangrur vide order dated July 24, 1979. The order of the Rent Controller was set aside and the ejectment petition filed by the petitioners was dismissed. It is against this order of the Appellate Authority that the present revision is directed.

(2.) The only ground that survives for seeking ejectment of the respondent by the petitioners is that Laxmi Devi petitioner requires the house in dispute for personal occupation.

(3.) It is the admitted case of the petitioner that Devi Dayal, husband of Laxmi Devi petitioner and father of the other petitioners shifted his family from Ahmedgarh to Allahabad in Ninteen Forties, Krishan Kumar petitioner is the only son of his father, His two sisters Bimla Kohli and Tripata Dhir are married. Devi Dayal built a house at Allahabad and named it Laxmi Niwas Devi Dayal and his family lived at Allahabad till he died in about 1965 or 1966. Laxmi Devi petitioner lived with her husband at Allahabad throughout during his life-time and also after his death with her son. Krishan Kumar petitioner is settled at Allahabad and his wife is also in service at that place. Krishan Kumar has minor children. It is admitted that during the absence of Krishan Kumar and his wife Laxmi Devi looks after their minor Children.